Can a divorce decree be modified?


Although a divorce decree is designed to be a finalized plan for moving forward after the divorce, it can be modified under certain circumstances. Property division and marital debts cannot be reconsidered except in cases of fraud, but spousal support and issues surrounding children can be modified if good reason to do so exists.


To modify your divorce decree, there must have been a material change in circumstances, such as a job loss or a move necessitated by work, and you must be able to prove your claim. If you and your ex-spouse agree on the desired changes, you can informally work together to create and follow modifications, but these are not enforceable in court.


To create a legally enforceable modification, you and your ex can file a binding agreement with the court. If you cannot agree on the changes, either party can petition the court to make a new ruling on the matter in question. Note that a binding agreement or court-ordered modification only covers the specific matter at hand. The rest of the divorce decree remains intact and enforceable.


If you are ready to move forward with a caring and compassionate Canton attorney who is committed to ensuring that the best interests of you and your child are represented, call Zachary Elliott today at (903) 567-4515.