When A Modification To Your Decree Is Needed
After a divorce in Florida, the state allows you to modify your final divorce agreement to adapt to current situations. This process can be complex and often requires a deep understanding of which type of modifications are allowed and which are not, as well as the best path to take when seeking a modification.
As an experienced Fort Lauderdale family law attorney, I offer solid counsel on when to seek and how to obtain a modification to your custody, support, or alimony decree. Call my firm, Mark E. Sawicki, P.A., at 954-928-9331 to set up a consultation with me to learn more.
What Is A Final Agreement?
Divorce settlements are the final agreements of a couple who is separating. These usually include the ex-spouses’ decisions over division of properties and other assets, division of debts and payments, child custody, parental plans, child support, spousal support, other financial and physical arrangements, and other issues relevant to the former spouses. However, there will be times when modifications of final agreements after divorce will be necessary.
Adapting To Situational Changes
Sometimes, circumstances defined in the final agreement change and one or both of the ex-spouses deem it necessary to adjust the items of their divorce agreement. Some of these circumstances include the physical or emotional incapacitation of one of the former spouses or big location changes, which can especially require revisiting parental plans and child custody agreements. Modification of final agreements may be requested in court. It is advised to always get everything in writing whenever making any change to the agreement.
Correcting Unjust Divorce Settlements
In other cases, usually involving embittered battles between the former couple when one spouse was not able to get good legal advice, there might be unjust items in the divorce settlements. This means that some or all parts of the settlement may not be according to the law and/or prenuptial and postnuptial agreements, with one former spouse getting a disproportionate advantage over the other. When this happens, the disadvantaged party can ask a court for a modification of final agreements of the divorce.
The Need For Compelling Evidence
Filing a case in court for modification of final agreements is usually a long, drawn-out process that will incur fees for lawyers and other legal expenses. There should be compelling evidence for the case of the petitioner before a judge can overrule a divorce settlement that was already declared final. It is best if the petitioner can establish good cause for the case, preferably with the guidance of a good divorce attorney, before filing in court. I can help. My mission is to protect your peace. Sometimes, this means settling things right.
Get The Guidance You Need On Making A Modification
I know that divorce can be a tumultuous time. Many decisions are made, often in haste or to “get the thing over with.” Sometimes, these decisions are not in your best interests, are unmanageable or are unreasonable. Arrange a consultation with me to learn more about your options. Call me, attorney Mark E. Sawicki, at 954-928-9331 or connect via my website contact form. With offices in Palm Beach Gardens and Melbourne, I serve clients throughout Broward, Palm Beach, and Brevard counties, including those in West Palm Beach.