Can I Modify A Pennsylvania Divorce Agreement?
You may have heard of friends or family members making modifications after a divorce was finalized. For example, a friend of yours may have shared that they were able to have the amount of their child support payments increased because their ex-spouse is now earning a much higher income than they were when the amount of the support award was set. But if you are seeking an adjustment to the division of assets, it will be a lot less likely that you will be able to have terms modified.
Many modifications that are awarded after Pennsylvania and New Jersey divorces have been finalized are in connection to children. For instance, modifying child custody terms or child support amounts. Spousal support can also be adjusted in some situations. These are different objectives than wanting to adjust the asset or debt division outlined in a divorce agreement. Share the specifics of what you are seeking with a Bucks County divorce attorney to learn about your post-divorce options.
Proving Substantial and Permanent Change
In general, a finalized divorce means that both parties have agreed to all of the conditions and terms. Because of this, any change you desire after a finalization will have to go through the post-divorce modification process. And in order for your objectives to be reached, you will have to establish that circumstances have changed, permanently and substantially.
So if you are seeking an increase in support, you may cite your spouse’s income has increased and you have experienced a job loss. There may even be a possibility to negotiate a modification with your ex-spouse and their attorney. When this is an option, it is more likely that a court will approve the change.
Modifications and Motions for Reconsideration
It is important to recognize that modifications are not the only path forward. If you are seeking a major change in your divorce agreement, a modification will not be appropriate. Instead, a motion for reconsideration or the appeals process will be necessary. This could be true for you if you want a change in asset division or make a shift in who carries the responsibility for paying off debts.
Appeals, modifications, and motions for reconsiderations each have specific details. And while the need for a modification may be clear to you, seeking a change after a divorce has been decided is not always easy. To learn more about which options could be best for your situation, reach out to an aggressive Bucks County personal injury attorney.
Can a lawyer help me modify the terms after a divorce has been finalized? To have the details of your situation assessed, discuss the details of your request with the legal team at Kardos, Rickles & Hand. Once an attorney is familiar with the reason you are pursuing a modification and any documentation you have that supports your efforts, they will develop a strategy to move toward a successful outcome. For some this will be a modification and for others it could involve an appeal or motion for reconsideration. To get started, call 215-968-6602.