Life circumstances are apt to change and chances are what was once fine in terms of a divorced couple’s agreement may no longer be adequate. Then, there may be times when there are fraudulent things contained in an agreement or something that doesn’t align with California or federal laws. That’s where divorce modifications can come into play.
Divorce settlements must be modified in court. Issues like alimony, visitation or child support can be changed. These kinds of modifications are usually heard in a state’s family court unless a stipulation has been made that all issues regarding modifications must be heard in the same trial court that was initially used. Any requested modifications concerning division of property must go back to trial court. The courtroom is typically the place where any decisions regarding modifications are made.
Everyone is required by law to disclose all finances and assets during a divorce. If a settlement is based on fraudulent information that can be proved in court, it is likely a modification to the initial agreement would be made. Once a divorce is final, however, it is difficult to change the financial terms unless fraud can be proved or a material mistake was made.
Often the documents that must accompany modifications are complicated and full of legal jargon many people may have a difficult time understanding. Having legal counsel to fully explain any details would be a wise idea. A California attorney can help his or her client move forward with the modification process if warranted.
Source: womensdivorce.com, “Modify Divorce Decree“, Brette Sember, Accessed on Dec. 8, 2017