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After a divorce in Florida, the State allows you to modify your final divorce agreement to adapt to current situations. This is an area that is best handled by an experienced and knowledgeable Florida divorce attorney.
Modification of Final Agreement: What You Need to Know
Divorce settlements are the final agreements of a couple who are 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 a modification of final agreements after divorce will be called for.
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 changes include the incapacitation of one former spouse physically or emotionally, parental plans, and child custody agreements revisited especially when there are big location changes. Modification of final agreements may be requested in court.
Correcting Unjust Divorce Settlements
In other cases, usually in embittered battles between the former couple where 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. In this case, the disadvantaged party can ask a court for a modification of final agreements of the divorce.
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 lawyer, before filing in court.