Can I Change My Original Divorce Agreement?

There are two ways to request modifications to your original divorce agreement and/or subsequent Judgments entered by the Court. The first method, if the requested change is mutually agreed upon, is by filing a Joint Petition to Modify a Prior Judgment, along with your executed agreement for judgment. To the extent that the requested change involves financial matters, both parties will be required to complete and file updated financial statements with the court. The second method, if the requested change is not agreed upon, is facilitated by the filing of a complaint for modification with the court. Once the summons is received from the Court, a copy of the summons and complaint will need to be served upon the other party by a sheriff or constable, with the return of service being filed with the court to prove that service of the complaint was made upon the other party. Modifications can be requested on all matters relating to unemancipated children, such as child support, custody and parenting plans for children under the age of 18. Modifications can also be requested to orders relative to alimony obligations to the extent that the obligation was merged into the court’s Judgment and did not survive as an independent contract between you and your former spouse.

For experienced guidance on this and/or other family law matters, please contact our office to schedule an initial free consultation.

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