Criteria for Modification of Decree of Divorce

New LifeHave things changed since your divorce decree?  Does the decree not meet your needs at this point?  If there has been a “substantial and material change” in your family’s situation since the divorce decree was signed, and the change was not anticipated at the time of divorce. you may be able to change some of the provisions in your decree.

Substantial changes could be things like the loss of a job, a change in income, a parent abusing drugs, or moving out of state. All of these instances may represent a substantial and material change in the circumstances since the time the original divorce decree was entered. These could all be good reasons to seek a modification of your divorce decree.

Getting remarried is a substantial change, but it does not meet the criteria for modifying a divorce decree – because it is anticipated that people will get remarried.

If you can prove that there has been a substantial and material change, you then need to prove that it is in the kids’ best interests to modify the decree.   It is easy to prove it is in the kids’ best interests if you want to raise child support, but it can get tricky when you are dealing with whether the kids should change households, etc.

If you have any questions about modifying your divorce decree, please give us a call.

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