Charlotte Divorce Lawyer Blog
Can I Make Changes to a Divorce Decree in North Carolina?
Divorce happens in at least a third of marriages. When you go through the divorce process, you and your spouse will agree on the major issues, called settlement terms. Once the divorce is final, the judge issues a divorce decree. The order provides for how to divide marital property, matters regarding child custody and visitation, and alimony, among others. When a divorce is final, both parties must abide by the order. If you violate the order, you could suffer legal consequences. So, what happens if you feel you need to make changes to the divorce order?
Modifications Must Be Made Through Court
Changes are sometimes necessary, even in divorce decrees. Although you and your former spouse may agree verbally to a change, it is always best to go through the court for an official post-divorce modification. If you and your ex decide to make changes without going through court, you could end up with problems. Such an agreement cannot be legal, and therefore, at any time, you or your spouse could oppose the changes. If that happens, you could end up in front of a judge in order to enforce the original terms of the divorce.
What Types of Changes are Important?
Sometimes, changes to a divorce decree are important and necessary. This may be particularly true when a divorce occurs when the couple has young children. The needs of the children may change over time, as will the salary of the parent paying child support. Some types of changes may be necessary when they impact the well-being of a child. Other times, changes are needed based on increases in the cost of living. A judge will only grant modifications that are justified based on substantial and material changes in circumstances.
Prove Substantial and Material Changes in Circumstances
Any potential changes to a divorce order must be based on substantial and material changes in circumstances. Material changes are significant and have occurred at some time since the original order or last modification. There are various examples of substantial material changes in circumstances. Some of these include a significant increase in salary, a parent who lost their job, a parent who wishes to relocate, a major change in the health of one party, or when a former spouse gets remarried or begins living with another person.
How to Request a Modification
Either party may request a modification by submitting a request for a hearing through the family courts. The court will assign a hearing date, at which time both parties may present their view of the modification to the judge. The judge will review the information and proof that each party presents. When a modification will impact children, the judge will take particular care to consider what is in the best interests of the child. Submitting a modification does not mean that it will be automatically granted.
Modifications can be complex, and it may be very helpful to seek legal guidance. Your attorney will work on your behalf to assist you in presenting your preferences in the case. To find out more about modifications, contact us at Arnold & Smith, PLLC, at (704) 370-2828 today.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
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