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Mediation and Litigation

Making Alterations to Divorce Judgments

Posted on in Mediation

California mediation attorney, Califorina family law attorneyMost couples do not intentionally enter a marriage knowingly believing it will result in divorce. Therefore, it stands to reason that your divorce taught you that everything could change from plans and circumstances and even people themselves. Due to this certain phenomenon, it is likely that after a divorce agreement has settled, either through mediation or litigation, that there will need to be a post-judgment modification. Hopefully, the alteration will not be necessary for a decade or more. However, it is possible that a change request may be needed months after the issuance of the decree.

How Soon Can We Make Changes?

During a dissolution of marriage, circumstances and needs are the groundwork for deciding the outcome. If the situation has shifted in any direction, it is imperative that modification is requested as soon as possible to avoid conflict and ensure the ability to comply with court orders. Although a judge will not make changes to decisions regarding asset division, the commonly renegotiated terms are:

  • Child custody,
  • Visitation arrangements,
  • Support payments, and
  • Parenting times.

Except for child support payments, any of these modifications may be requested at any point with a show of a change in circumstances. With regards to child support, evidentiary support is not required to apply for a change.

Is a Court Hearing Necessary?

Just as with the initial divorce judgment, options are available to the separating couple. If you and your ex cannot reach an agreement on the new terms, the opportunity to request a modification hearing is open for consideration. A quick reminder that this choice relinquishes control over the outcome, as well as a multitude of other pitfalls. The alternative is mediation. With this route, not only do you maintain the control between the two parties, other benefits include:

  • Time saving,
  • Lower cost,
  • Lessened stress, and
  • More amicable outcome.

In both marriage and divorce, two lives change dramatically. However, life is just a consistent flux of change that requires a certain amount of finesse to navigate. It becomes imperative to respond to this adjustment immediately if it necessitates alterations to your existing divorce judgment because the standing order cannot be backdated to when the circumstances changed. Adjustments take effect as of the date of the modification request. Therefore, anything that is due before the application will still be due after filing the request, if left unpaid. The process may be intimidating, but with the assistance of an experienced divorce and mediation lawyer, the process can be quick and relatively painless. If you are interested in discussing your situation with a proven San Jose, CA modification attorney, call Ventresca Law Firm today at 408-395-8822 to schedule your free initial consultation.

 

Sources:

http://www.courts.ca.gov/8413.htm

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