How Divorce Modification Works in California

Wednesday, March 27th, 2019
Categories: Blog, Modification of Order

When a divorce is finalized and a judgment is issued by a court, that judgment is typically permanent, and parties to the divorce are expected to adhere to it. However, as life circumstances change, a divorce order can be modified to fit the needs of the divorced parties. As your Century City divorce lawyer, I can competently guide you through the process of seeking modification of your divorce order in California. This article explores the different aspects of divorce modification, what it is, and how to navigate a modification order if your circumstances require it.

What Issues in a Divorce Order Can Be Modified?

Only certain elements of a divorce judgment are eligible for modification. This includes child custody arrangements, child support, and/or spousal support. Property division determinations are not modifiable, meaning that once the divorce is finalized, the division determination issued by the court is final.

When Can a Divorce Judgment Be Modified?

In order to change a spousal support order, child support order, or child custody arrangement, the party who is petitioning for the modification must be able to demonstrate that a significant change in circumstances has occurred. The court will only warrant a divorce modification under specific guidelines, however, some of which include the following:

• One party loses their job;
• The child suffers an injury or illness that requires a change in the support order;
• The amount of time that a child spends with each parent has changed significantly;
• A parent has become incarcerated;
• One parent has another child from another relationship.

There are a few other exceptions that serve as qualifying divorce judgment factors, but most of these are rare circumstances which I can review with you as a divorce attorney in California.

How to Start the Modification Process

If you want to change a divorce order, one of the best ways to start is to discuss the issue with your ex-spouse. Often, simply by talking to your ex, you can both reach an agreement about the modification, making the court petition for the change much easier (modifications that are supported by both parties are almost always approved).

In order to legally change a support order, you will need to fill out the appropriate forms and file them with the court. These forms can be provided to you by your lawyer, or are obtainable online.

If your ex is in disagreement about the change, you may need to mediate the issue, or even go to court to resolve it.

Working with an LA Divorce Modification Lawyer Is Recommended

Before you start the process of talking to your ex-spouse about modifying a divorce order or filling out the modification paperwork, I recommend consulting with a qualified LA divorce modification lawyer. When you consult with me, I can inform you as to whether or not you have a case for modification based on your circumstances, and if so, how to begin. I will help you gather the necessary paperwork and file all of the court documents on your behalf. In the event that the modification is contested, I will also represent you in court to ensure your rights are protected. To schedule a consultation with the Law Offices of Evan Braunstein, please feel free to call me directly or send a message.