If you have been divorced for several months or years and have issues with the divorce decree, you might be able to get certain things changed in it through a post-divorce modification. This is not an easy task to accomplish, primarily because divorce decrees are usually final; however, there is still a chance you could do this if you have a good reason for asking for it. Here are three things that will make it easier for you to accomplish a change in your divorce decree.
Your Ex-Spouse Is In Agreement With You
When you want to change something that is found in the divorce decree, the best chance you will have for getting the court to agree with you is if your ex-spouse also agrees to it. For example, if your spouse currently has custody of the kids but both of you agree that you should have custody, the court is not likely to oppose this. You will have to go to court in front of a judge to get this changed, though, if you want to legally change custody rights of your children.
You Have A Good Reason To Ask For A Change
It is not a good idea to take your ex to court for something very trivial just because you want the change. Courts need parties to have good reasons for post-divorce modification requests, and you should analyze your request thoroughly before pursuing it in court. In fact, you should visit a family law attorney first to find out if you have a valid reason.
An example of a valid reason to ask for a change would be if your ex was using drugs around your children. In this example, you might want to remove all of your ex-spouse's visitation rights until the drug problem is addressed and fixed.
You Have The Necessary Proof
The final thing to realize is that you not only need a good reason to ask for the modification, but you will also need to produce evidence to back up your claims. In the above example, you might be able to prove that the drug issue is a problem by calling in close relatives to testify. You might also have proof if your ex had been arrested recently for drug possession. Any evidence you have will be useful in proving your case.
If you have any issues with your ex and need to modify your divorce decree, contact a family lawyer at a law firm like Granowitz, White & Weber Attorneys at Law for help. Family lawyers specialize in all types of issues relating to families, and they will be able to give you advice and help for your situation.