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Can we modify the divorce agreement if we both consent to it?

October 11, 2017 Our Blog

Many couples enter into a divorce thinking it’s a great way to be free of one another for the rest of their lives, but that’s not how it works for many couples. If you have an alimony agreement or you share kids and custody as well as child support issues, you won’t ever be truly free of your spouse even when you divorce. The best thing you can do is come up with a divorce agreement you both agree to. Your entire divorce process is made much easier when you both agree to the terms and conditions, when you don’t fight about it, and when you make the situation easy by going into it with a good attitude.

Going into the divorce looking for a fight is a great way to make it more complicated, and that’s what so many people see when they get a divorce. You can come up with an agreement and sign the paperwork, and your paperwork will be filed and the divorce granted quickly and efficiently. What happens, though, when you later decide you don’t agree with the divorce agreement?

When You No Longer Agree to the Settlement

Just because you got what you wanted in your divorce doesn’t mean that’s what you’re happy with the rest of your life. The kids get older and you no longer need the same amount of money to help care for them. You get remarried and you know you don’t need your spouse to pay child support anymore when he’s struggling with his own job and you’re financially sound. You move across the country, or you decide to downsize and save money, or make decisions that allow you to change your settlement agreement.

Can that be changed? It can, and it’s not that difficult if you both agree to the changes. The best thing you can do if you want to change your divorce settlement is call your ex-spouse and discuss the changes. Let them know where you stand, why you want to make changes, or what is going on in your life to require you make these changes. See if your spouse is willing and able to go with you to the court to request these legal changes are made.

If you are both in agreement, you must do nothing more than go to the court and file paperwork asking to make a few changes. Outline the changes you want to make, sign the agreement, and the judge won’t spend too much time going over things. The judge just wants to know that you’re both in agreement with the new terms, and it’s not that difficult to go through with it at that point.

It’s when you’re not in agreement that things become difficult. It’s easier for both you and your ex to discuss the changes before you go to the court. It’s not uncommon for your ex to be more willing to negotiate and work with you to come up with new settlement terms if you have the good faith to discuss it ahead of time rather than serving him or her with papers without a heads up. Doing the job of making this call can make the entire situation a lot easier.

If you want to make the process even simpler, call an attorney to work with you to help make the process faster. You have options, and an attorney can help you come up with a satisfactory new agreement and have it made legal a lot faster. It’s a good idea to allow someone who is familiar with divorce settlements draft it and go over it, but you should both use different attorneys who have your best interests at heart. It’s not difficult to change the settlement when both parties agree, but it’s always easier to make the decision together.

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