Family Law Advisor®
Frequently Asked Questions
- Modification -
1) What is modification?
-
A modification is a change to a prior judgment.
2) Does this include separation agreements?
-
Yes.
3) But I thought that the agreement was a binding contract, now you
say it can be modified.
-
Under certain circumstances, even a binding contract can be
modified.
4) What circumstances?
-
Well, first look at your agreement (assuming you have one) and
you might be able to tell if it can be modified. If you can’t tell,
call your old divorce lawyer and ask.
5) If there was no agreement, just a judgment, what is the legal
standard necessary to modify the judgment?
-
You must show a "material change in circumstances," generally
unanticipated at the time of judgment and not caused by your
intentional acts.
6) Then what?
-
Assuming you pass the "material change" test (and your state uses
this standard) you can file a complaint for modification.
7) How can I file this "complaint?"
-
You complete a form filling in the particulars, such as, the
section of the judgment you want to modify and the nature of your
material change in circumstances, and serve the complaint along with a
summons.
8) What will this cost?
-
Some courts charge a fee and you might need a lawyer depending on
how complicated the request.
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