Changing a Divorce Decree
Often times, clients want to change the terms of a stipulated agreement and/or divorce decree. A lot of clients ask if they can make changes to these legal documents shortly after they are signed and entered by the judge finalizing the case.
Although it is possible to change the terms to a divorce decree there are certain legal elements that first need to be met or proven. These elements are easier or more likely to be met if the Divorce Decree wasn’t just recently entered into (time has gone on).
In order to change the term or terms to a divorce decree, the petitioning party must show that a substantial and material change in circumstances has occurred since the time the decree was finalized and that change in circumstances was not contemplated or expected. The change in circumstances has to be “substantial,” meaning it is drastic enough of a change to warrant the court to change the language found within the decree.
Changing a divorce decree is very complicated; you should definitely seek the counsel and assistance of an attorney if you feel that your circumstances warrant a change in your divorce decree.