Post-Divorce Modification in Roseville, CA
Roseville Modification Attorney
With around half of the marriages in the United States ending in a divorce, there are many people that have large areas of their lives defined by this event. Divorce can touch the rights and time you have with your children, your financial situation, your property and more. A divorce can hit hard and it is important to be properly represented by a Roseville divorce attorney from our team. Even after a divorce has been finalized there can be issues that arise. The terms of a divorce may be decided upon by the couple or the court. They are given with the purpose of setting guidelines for how future situations will be carried out. They are essentially to offer guidance and greater ease by having a standard to follow.
The terms can become irrelevant however, when the situation changes and the lives of the two parties are different than they were at the time their marriage ended. This is the case for many couples that years after their divorce are no longer living the same lives that they once were. In these situations it may be warranted for a post-judgment modification to be sought. A modification is a legal change that goes through the court. It may be used for spousal support,
child support visitation and
child custody Either party can seek it and it can work in both ways for those that want to increase their custody rights or receive more payment, and those that are looking to decrease the amount they pay or have the other parent take more responsibility.
Changing the Terms of a Divorce Legally
It is always best to make a change legally and go through the court to gain their approval. Many individuals attempt to take the matter into their own hand or they may come to an agreement with their former spouse. Even with the word of the other party, you always want to make the change legally to ensure that you are protected and they cannot later go back on the agreement. When the two parties that are involved are able to agree on the changes and present this change to the court, there is a greater chance that the court will choose to approve it. However, even if you and your former spouse are unable to agree on the modification, that does not mean that it cannot still be pursued. The court will evaluate the details that are brought before them and will assess if they believe there is a change in circumstances that is significant enough for the change to be allowed.
A change may be the loss of a job that prevents a party from being able to make high payments for spousal support. For those that pay child support, the other spouse may have a change in their income or the needs of the child that can make it acceptable for an increase or decrease of child support payments to be made. Custody can also be modified by the court if they agree that a parent should be granted further access and rights to their children, or if those rights should be limited. A post-divorce modification is a great opportunity to make things the way they should be and offer a means of change in the set legal terms of a divorce. By making the change legally it will also mean your spouse has to adhere to the terms and that enforcement can be sought if they fail to. Find out more by contacting our firm and speaking with a capable Roseville divorce lawyer.