Divorce is a significant transitional time in a person’s life. Once the court finalizes the divorce decree, it may feel like the terms are permanent. However, that is not always the case. In certain situations, you or your spouse may be able to change your divorce decree even after it is final. Understanding when and how you can request modifications to a divorce decree is crucial to protecting your rights and adapting to new circumstances. Continue reading for more information, and contact a skilled Suffolk County divorce modification lawyer to secure experienced representation in your case.
What is a Divorce Decree?
A divorce decree is a court order that legally terminates a marriage. The document outlines the terms of the divorce, including how property division, spousal support, child custody, and child support will be handled. Once the divorce decree is signed by the judge, it officially ends the legal relationship and becomes legally binding for both parties.
Can I Change My Divorce Decree After It’s Final in NY?
Yes, it is possible to change your divorce decree after it is final in New York. However, not all parts of the document can be modified. Child custody, visitation, and financial support obligations are modifiable because they are based on the ongoing circumstances of each spouse. However, issues like property division and equitable distribution generally cannot be changed once they are finalized, unless fraud or a significant mistake can be proven.
When Can My Divorce Decree Be Altered?
Your divorce decree can be altered for a number of reasons, but it is important to understand that a court will not approve a modification without a valid reason. Both custody and financial support orders can be changed if there has been a substantial change in circumstances that warrants an alteration.
For example, a parent can request a child support modification if there has been a change in income of 15% or more, it has been three years since the last order, or there has been a significant life change, like job loss, illness, or the development of a disability.
Alimony, or spousal support, can be modified if either party experiences a significant financial change that impacts their ability to pay or need for the support. For example, if one spouse loses their job, retires, or remarries another person, it could warrant a change in the support order.
When the court is deciding whether or not to approve a modification, it will review a variety of information relevant to both parties’ financial and personal circumstances. Courts will review financial records, tax returns, and employment history to determine if an income change is legitimate and substantial. For custody and visitation, the court’s primary concern is always the child’s best interests.
If you have any questions regarding your ability to alter your divorce decree, reach out to a skilled family lawyer at Peter V. Mandi & Associates, Inc. today.
