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.