Divorce Modification Lawyers in Atlanta Assisting Clients With Divorce Modification
It is a legally complex process to change the terms and conditions of a divorce decree. The party seeking the modification needs to show that the circumstances leading to the original order have changed and that the terms covered by the decree need modification.
In the case of the divorce decree, some terms cannot be changed or modified after the decree is finalized. In Georgia, this includes property and asset division. However, some other issues, like child custody, child support, and visitation, can be modified according to the circumstances of the parties.
At Atlanta Family Law Group, we appreciate that many things can change from the date of the entry of the divorce to the present. Under those circumstances, it is only fair to change the terms of the divorce decree as the circumstances of each party evolve. Our experienced attorneys aim to obtain a fair and equitable way to divide the marital assets, properties, child custody, and marital, financial issues before and after a divorce is finalized. If you want to get in-depth knowledge of how to change the terms and conditions of your divorce decree, contact us at (404) 963-9452 today.
How do you Modify a Georgia Divorce Decree?
Before asking for a modification request of the divorce terms in a divorce decree, material circumstances such as income, financials, work burdens, or circumstances of the children must have substantially changed for one or both former spouses. On occasion, divorce modifications may be agreed to by the former spouses. Even in that event, the modification agreement must still be formally filed and approved by a court order to have any legal significance.
When former spouses do not agree on the modification of the terms of the final divorce decree, one party may file a petition for modification with the court to request a change to the terms of the order. The court will then determine whether the decree should be modified and, if so, how to accomplish that modification equitably.
Some of the more common instances that may justify a change in circumstances that may justify a modification of a final divorce decree include:
- A change in income of one or both former spouses
- Relocation of the minor child or of one of the parents
- The Primary custodian’s inability to continue to act in the best interest of the minor child
- Material changes in the financial circumstances of one or both former spouses.
These are only a few of the many reasons that a modification of a divorce decree may be granted. Any modification should be intended to create a more equitable arrangement for both former spouses and their children. A family law attorney can offer legal services for help with child support modifications and child custody issues as well.
How Can you Fight a Former Spouse’s Attempt to Modify a Divorce Agreement?
If your former spouse has filed a petition to modify the terms of your divorce agreement, you may be concerned about the impact that such a change could have on your life. You may also be wondering what, if anything, you can do to prevent your former spouse from successfully modifying the agreement.
The first step is to review the petition and determine whether there are grounds for modification. If there are no grounds for modification, you can file a response with the court indicating that you do not believe that a modification is warranted.
If there are grounds for modification, you will need to decide whether you are willing to agree to the proposed changes or whether you will oppose them. If you decide to oppose the changes, you will need to file a response with the court and state your reasons for opposing the modification.
You should also be prepared to present evidence to support your position. Evidence may include financial records, testimony from witnesses, or other documentation. An experienced attorney can help you gather the evidence you need to support your position and present it in a way that is most likely to be persuasive to the court.
In some cases, it may be possible to reach an agreement with your former spouse on the proposed changes without going to court. If you are able to reach an agreement, you will need to have the agreement approved by the court. An experienced attorney can help you negotiate an agreement that is fair to both parties and that is likely to be approved by the court.
What Terms of a Divorce Cannot be Changed?
It is important to remember that not all terms of a divorce decree can be modified. In general, only those terms that are related to the welfare of the minor children or the financial support of the former spouses can be modified. The court cannot modify the terms of child custody or visitation unless there has been a material change in circumstances since the original order was entered. The court also cannot modify the terms of alimony unless there has been the same such change.
In Georgia, property and asset division is generally considered to be final and cannot be modified. However, there are some exceptions to this rule. For example, if the property division was based on fraud or duress, the court may have the authority to modify the property division.
An attorney can help you determine whether a modification is possible in your case and what evidence you will need to present to the court to support your position. In general, you may file for a change in status at any time if there has been a substantial modification in circumstances since the original order was entered. However, it is important to note that some changes may not be considered material. For example, a change in job status or income may not be considered a material change if it is only temporary.
It is also important to note that the court has the discretion to deny a modification even if there has been a material change in circumstances. The court will consider several factors when making its decision, including the best interests of the children and whether the proposed modification is fair to both parties.
How Can a Lawyer Help Me?
If you are facing a modification of your divorce decree, you should speak with an experienced attorney as soon as possible. An attorney can help you understand the law and the options available to you. An attorney can also help you gather evidence, prepare for court, and represent you in court.
A lawyer can also help you negotiate an agreement with your former spouse if you decide that going to court is not in your best interests. An attorney will make sure that any agreement reached is fair to both parties and is likely to be approved by the court.
You should not try to navigate the modification process on your own. If you or someone you know is interested in modifying the terms of a divorce decree, it is imperative to speak with an experienced divorce attorney that can obtain the modifications that you need.
At Atlanta Family Law Group, we believe that no divorce decree should be unfair to either spouse. We are dedicated to finding the balance that allows both adults and children to benefit the most, even if that means altering the terms of the original divorce. Contact us at (404) 963-9452 to learn how we may be able to help you alter the terms of your final divorce decree.