Southern California Family Law Blog

Divorce decree modification

Under certain circumstances, you may be able to have your divorce decree modified by the court.

When you are going through a divorce, it may seem like the process takes forever. The divorce process is finalized when the divorce decree has been issued. The divorce decree should speak to all aspects of the divorce, including child custody, child and spousal support, and debt and asset division. It is meant to be a permanent legal resolution. However, the law recognizes that circumstances may change after a decree has been issued.

While your divorce and terms established by the court may have been determined to be in the best interest of both parties and your children, there may be some cases where you believe a modification of those terms is necessary.

Modifying Custody in a Divorce Decree

If there are significant changes that affect your children or custody, you may be able to seek modification of your divorce decree. Keep in mind you will have to show the court that there has been a major change in circumstance and how it pertains to your children, their visitation, support or custody. Spousal support may also be modified, depending on the circumstances.

Modifying Asset Division in a Divorce Decree

Making other types of changes to your finalized divorce decree, such as to how the debts and assets were divided, is more difficult. Unless there was misrepresentation or fraud, it may be difficult to get the court to hear your case, and you would carry a high burden of proof for the court to consider changing the decree. In other words, your skilled family law attorney will need to present a clear and convincing case of why your divorce decree should be modified.

If you are going to pursue a divorce modification for any reason, you should speak with your attorney and provide them with any documents or other evidence you believe proves a modification is necessary. Your attorney will know if your circumstances or the circumstances of the other party warrant petitioning the court for a modification.

Contact a Riverside Family Law Attorney if You Are Seeking a Divorce Modification

Divorces are difficult and costly. That is why it is important to have an experienced Riverside divorce lawyer review your case and advise you on the best option for each complex divorce issue. Wallin & Klarich has been successfully representing our clients in divorce cases and other family law matters for over 30 years. You can rely on Wallin & Klarich to attain the best possible result in your case.

If you are going through a divorce, it is essential that you get the assistance of an experienced divorce attorney from Wallin & Klarich. With office locations in Los Angeles, Orange County, Riverside, San Bernardino, San Diego,  Victorville, West Covina, Sherman Oaks, Torrance and Ventura, there is a Wallin & Klarich family law attorney available wherever you happen to live.

To speak with an experienced Riverside divorce lawyer about your case, please call us today at (888) 749-7428. We will be there when you call.

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