Modifying your divorce agreement can be the best way to lift financial stress and similar burdens off your
shoulders. Sometimes – or oftentimes – life doesn’t
go exactly the way you anticipated it would, and you can no longer reasonable
manage with your current set of responsibilities. There is nothing to
be ashamed of, but there are probably two reasons why you might want to
proceed with caution when you think a post-divorce modification will benefit
you: the court and your ex-spouse.
Before you can get anything related to your divorce agreement modified,
you have to run it by your spouse, of course. If they think it is a good
idea, great! The process just got much simpler. If they don’t, not
so great. The matter will need to go to court and before a judge, who will
also have to be convinced that your modification is necessary and fair.
To increase your chances of a successful modification, keep these three
tips in mind:
Think ahead: Will your proposed modification work later? Of course, it is impossible
to truly know what is going to happen in the future but with some careful
planning, you can get a good idea. For example, if you are struggling
to make ends meet after your divorce and are thinking about asking for more
alimony, will the increase be temporary fix? Should you ask for even more than
you first thought? Try to look deep into the future to avoid having to
go through this process all over again.
Think of your children: How will your children be affected by your proposed changes? As in a divorce,
the court will consider your children’s best interests first and
foremost when you bring forth a divorce modification, especially if it
is in regards to
child support or
child custody. The general rule of
family law is that if a decision will make a child’s life more difficult, it
will not be approved by the court, no matter how much better it would
have made an adult’s life.
Think of your spouse: Can you see your spouse having reason to challenge your modifications?
Put yourself in their shoes and see the situation from their perspective.
What can you do or say that would help them see things your way, and without
being too pushy about it? If you start the process with amicability in
mind, it will typically go much smoother. Do not abandon your idea of
post-divorce modifications just because your spouse complains, though;
if you need a modification to find more comfort in life, go for it.
And you should go for it with the help of Gounaris Abboud, LPA. Our Dayton
family law attorneys have
more than 50 years of combined legal experience handling all sorts of complex and sensitive
cases. Give us a call at
937.660.8429 today or use our
free online case evaluation form if you think our team can help you with your post-divorce modifications.