On behalf of The Law Office of Gustavo E. Frances, P.A.
By the end of a divorce everyone just wants it to be over. The process can be drawn out when both sides cannot agree. That means that sometimes people sign themselves into agreements that they later regret. Did you get pressured into leaving an asset behind? Did you get stuck with a parenting plan that you now realize is not fair? Or maybe you agreed to alimony payments and now you feel cheated. If this is the case you might be wondering if you can change your divorce agreement.
After a divorce is final it can be difficult to change the agreement, but it is possible. The process to change an agreement is not simple. You will need to motion to modify the divorce judgment. It will take more than showing up in court saying that you regret your decision. The court will treat the agreement like a business contract that will take a lot more than regret to change.
Changes can be made to parenting plans
You will need to have substantial and unforeseeable changes which require a change in the agreement. Some things are easier to change in agreements than others. It is hard to prove that your spouse should not have received a certain asset. On the other hand you can make modifications to the parenting plan. For example if the other parent was recently arrested you could go to court and petition that you want to become the primary residential parent because they are unfit.
Changes can be made to child support and alimony
Changes can also be made to child support payment or alimony payments. Modifications can either increase or decrease the payments, but only for a good reason. For example if you lost your job then you could petition to have your child support payment temporarily reduced or suspended. Or if you changed jobs and now make half of what you were earning before then you could go to the court and petition to pay less in alimony. On the other hand if you are making double what you were before then the other party could petition to receive larger payments.
There are additional specific arguments you can make to change an agreement in certain circumstances. Other arguments can include that the written agreement was too vague, the agreement was a product of fraud or coercion, or the written documents did not reflect the verbal agreement. An experienced attorney can help support the best argument to change your divorce agreement. Although it might take some time and money, it is worth it to fight for what is best for you and your family.