Divorce Modification

Divorce Modification Attorney in Laguna Hills, CA

Divorce or dissolution of marriage has been a long and arduous legal battle for some married couples. It is a legal process of terminating a marriage between two partners – after complications and other factors don’t make the marriage work.  

After a successful divorce, change might happen between the two parties involved, and the agreed responsibilities of both parties might get affected. When this happens, conflict on agreed commitments, especially for the welfare of the affected children, might become a problem.

One resolution for this is to go through divorce modification.

So what exactly is divorce modification?

Divorce Modification

Divorce modification is a legal amendment for the divorce decree previously agreed upon by both parties. It often happens when a tremendous or substantial change in lifestyle may affect both parties. Because of the limited change possible in divorce modification, the only aspects that you can change are the included agreement for child support, child custody, and spousal support.

Because of the legal changes and how complex the process will be, the court encourages both partners to consult a lawyer before making or agreeing to a divorce modification. Because the process can be overwhelming, it is ideal for both parties to approach it with careful thinking and consideration.

The California courts also only accept modification in divorce when the amendments or changes are in the children’s best interest.

A partner or both parties can file for divorce modification as early as a year after the decree has been finalized. But before the court allows for this modification, a substantial change in one partner or both partners’ life should be the most significant factor.

Aspects in Divorce Modification Eligible for Amendments

1.) Child support

Although the California Courts allow changes in Child support any time as long as it is deemed necessary – most of the changes should always be for the welfare of the children. If the parent’s child support can no longer perform or is obliged to the agreed resolution, filing for a child support modification is necessary.

One example is if one of the parents is earning less or providing less than the agreed calculations for the child support.

However, some changes in the lifestyle of parents can also be a good reason for modification, such as:

  • Losing a job or any source of income.
  • Incarceration
  • The affected children’s financial needs changed due to other reasons such as the need for healthcare, and education
  • Other factors affecting the previous calculations on the existing agreements for child support.

 

2.) Child custody

To amend the child custody agreement, the clause or newly agreed terms should center on the best interest and welfare of the affected children. Primarily, both parents should agree on a child custody modification. However, if only one of the parents wants a change, then a “Request for Order” should be filed in Court.

According to California Courts, change in the legalities of child custody will only be allowed after a significant change occurred in the life of both parents involved. The court will only allow the modification when the circumstances will only protect the children’s best interest and not so much about the beneficial aspect both parents will gain.

 

3.) Alimony

Also known as spousal support, alimony is when one partner should provide financial support to the other partner as agreed and determined by the court. Changes in spousal support can be a complex matter to tackle. The California Courts highly encourage both parties or parents to seek legal advice from a lawyer when applying for this.

Lawyers can provide legal help by computing the possible amount for financial support, duration of giving support, and different legal forms that need to be filled up and submitted. All of these preparations are necessary for higher success in divorce modifications.

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Filling options

There are two ways for parties to file for divorce modifications: through judgment or divorce agreement modification. Either way, a legal expert is highly encouraged to file for these amendments.

 

Filling through Courts

This method is an extensive process. A party or both parties need assistance from a lawyer to submit and file all necessary documents. Filing for divorce modifications will only be granted if one party can prove to the court that the previous judgment was inaccurate or in bad faith. Appeal courts will make their decisions based on the collected records from the original trial court and make sure that the judgment of the decree was accurate and applied accordingly.

 

Modifications through Divorce Agreement

Modifications through divorce agreements are typically not as difficult as going thru appeal. You can modify the divorce agreement if new circumstances in the parents’ life might affect the concerned children. Losing a job, being involved in an accident resulting in disability, or requesting more child support if the children need special care are only some of the circumstances that can get you a post decree modification.

The lawyer will determine the best course of action for this. A modification can either increase or decrease the amount of needed child support or establish new common ground for spousal support.

Need Legal Help?

If you need legal assistance about Divorce or Divorce Modifications in Laguna Hill, we at Trevino Law are here to provide help and assist you all through the legal process. We offer our expertise in different areas such as divorce, child support, jurisdiction, restraining orders, and more.

You can also check some of our blog content to know more about legal matters about family law, post divorce modification, spousal support, property division, and more.

Consult Our Laguna Hills Divorce Modification Attorney Today!

There are several reasons why you may divorce decree modification. Our Laguna Hills divorce attorneys can provide legal assistance and help you in every step of the process. We will ensure that the result will be in the best interest of you and your family.

Our California divorce modification attorneys can help you with:

Regardless of the type of modification you are seeking in your original divorce decree, you can trust that our divorce attorneys at Trevino Law are ready to provide legal representation for your case.

We understand the emotional burden a divorce can place on a person, so our attorneys approach every case with compassion and sensitivity. If you need legal assistance filing a modification request, schedule a consultation with our Laguna Hills divorce attorneys today.

 

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