Can I Modify my Divorce Settlement?

Questions about divorce modifications are common, but the answer can be complicated. In short, it depends on what you’re trying to modify.



The first step in achieving a modification to your divorce decree is filing a petition to modify. This petition must detail what you want to modify. There must also be a change of circumstances since the original order was issued as grounds for modification.

The most common reasons people seek modification include:

• Child custody agreements
• Child visitation agreements
• Child support orders
• Spousal support orders

Whether both parties agree to modifying the terms of any portion of their divorce decree, a petition must be filed with the court & a new order must be issued. When both parties agree, the process moves faster, but it is not enforceable unless an order is signed by the court.



The two main requirements for legal grounds for modification are that it is in the child’s best interest & there has been a material & substantial change in circumstances since the original order was filed.

Change in Circumstances: This can sometimes be difficult to prove, but some common circumstantial changes could include:

• A parent moving
• A child older than 12 expressing a desire to change the order
• A parent who pays child support has had a reduction or increase in their income and therefore payments should be adjusted.
• A change in your child’s financial needs- such a medical costs or private school
• Remarriage of the custodial parent



Once the divorce decree has been issued, you cannot modify the property division. The original order is final.

If you believe you have a reason for a divorce modification, reach out to Daniel Finder at Finder Law. He is an experienced family law attorney that can help you determine the correct course of action. You’ll receive personalized legal advice from someone who will aggressively fight for you.

Call us today to schedule a consultation and get started on your modification.