How to Amend a Divorce Decree: 13 Steps
Introduction:
Amending a divorce decree can be a complex process, but it is not impossible. If you find yourself needing to make changes to your finalized divorce agreement, follow these 13 steps to ensure a smoother path towards altering the terms of your divorce decree.
Step 1: Understand the reasons for amendment
Analyze your current situation and identify the specific reasons for amending your divorce decree, such as child custody arrangements, financial support, or property division changes.
Step 2: Review your original divorce decree
Read through your original divorce decree carefully to familiarize yourself with the terms and conditions laid out in the agreement.
Step 3: Consult with an attorney
Discuss your case with an experienced family law attorney who will help you understand the legal implications of amending the divorce agreement and guide you through the process.
Step 4: Collect necessary documents
Gather all relevant documents and evidence that support your reasons for amending the decree, such as financial records, medical reports, or communication logs.
Step 5: Determine if modification is possible
Some aspects of a divorce decree may not be eligible for modification. Your attorney will help you determine whether your desired changes can be legally pursued.
Step 6: File a motion to amend
Prepare and file a motion to amend the divorce decree with the court that granted the original decree. The motion should include necessary documents and explain the reasons for seeking an amendment.
Step 7: Serve papers to ex-spouse
Once you have filed your motion, serve the papers on your ex-spouse in accordance with your jurisdiction’s rules of civil procedure.
Step 8: Attend mediation sessions (if required)
In some cases, courts may require parties to attend mediation before proceeding with a hearing. Mediation can help both parties reach a mutually agreeable solution.
Step 9: Prepare for court hearings
Work closely with your attorney to develop a strong case and be prepared to present evidence and arguments supporting your request for an amendment.
Step 10: Attend court hearings
Present your case at the scheduled hearing, with the help of your attorney. The presiding judge will review the case and evidence provided before making a decision on the motion.
Step 11: Abide by the court’s decision
If the judge approves your motion, both parties must abide by the updated terms included in the amended decree. If the motion is denied, you may have to explore alternative avenues or appeal the decision.
Step 12: Update relevant documents
After your divorce decree has been amended, update all legal documents that reference terms of the original decree, such as insurance policies, estate planning documents, or financial accounts.
Step 13: Maintain open communication with ex-spouse
Maintaining open and respectful communication with your ex-spouse can help facilitate future discussions regarding any necessary adjustments in your post-divorce life.
Conclusion:
Amending a divorce decree requires patience and determination. By following these steps and working closely with an experienced attorney, you can increase your chances of successfully making changes to your divorce agreement that will benefit you and any children involved.