Newton Divorce Modifications Lawyer
After a divorce, a judge typically issues orders related to key issues such as child custody, child support, and alimony. However, as life circumstances change over time, these original orders may no longer reflect the current needs or realities of the individuals involved. When that happens, seeking a modification of the divorce decree is an option—but it’s often more complex than many expect. Judges are generally reluctant to revisit their decisions unless compelling evidence supports the need for a change.
At Turco Legal, PC, we guide our clients through the process of filing a modification request, helping to gather the necessary information to present a strong case to the court. In some situations, both parties may agree on the proposed modification and submit it to the judge for approval. However, when disputes arise, it’s important to seek legal counsel promptly to ensure your interests are properly represented.
Significant Change in Circumstances
To obtain a modification, the court requires evidence of a substantial change in circumstances. This standard is in place to ensure that modifications are made based on real, meaningful changes, not dissatisfaction with the original judgment. A modification is not the same as an appeal of the initial decision.
Some examples of life changes that may qualify as significant include:
Changes in a child’s needs, such as a request to modify custody or visitation as the child grows.
A custodial parent’s desire to relocate to a different state with the child.
A spouse’s retirement, resulting in a reduced ability to pay alimony.
A spouse’s serious illness or disability, leading to a decrease in income and the ability to meet support obligations.
The remarriage of a spouse, which may end alimony payments.
A parent’s job loss, affecting their ability to fulfill child support responsibilities through no fault of their own.
It’s important to note that voluntary changes, such as a spouse quitting their job to avoid paying alimony, do not qualify. The change in circumstances must be outside of the individual’s control.
Requesting a Modification
Requests for modifications must be filed with the court that issued the original divorce decree. In some cases, if both spouses have relocated, it may be appropriate to file in a different court. The modification process typically begins by filing a complaint, which must be served to your ex-spouse along with a summons. Your ex will then have 20 days to respond. If they do not, you may request an uncontested trial. Otherwise, the court will schedule a pretrial conference to discuss the status of the dispute.
If both parties reach an agreement, mediation can often facilitate a resolution. In this case, you can submit the agreed-upon proposal to the judge for approval.
The Modification Hearing
If you’ve been through a divorce trial, the modification hearing will follow a similar process. Both parties present evidence to support their position, with opportunities for documentary evidence and witness testimony.
Legal representation is crucial during this process. An experienced lawyer can help identify the evidence that will resonate with the judge. For example, if you are seeking a modification due to illness or disability, medical records and expert testimony will be important in demonstrating the need for a change. Similarly, if concerns about the safety of the children are at issue, expert testimony from a child psychologist may be necessary.
When requesting changes to custody or visitation, the judge’s primary concern will always be the best interests of the child. This is a nuanced legal determination that requires careful attention.
Get Experienced Legal Help for Your Divorce Modification
While courts may be cautious when considering modifications to divorce decrees, they do address these matters regularly. With the right legal guidance, you can pursue a modification that better aligns with your current circumstances. To discuss your case or learn more about the process, reach out to Turco Legal today at (857) 270-7200.