How Long Do You Have To Amend A Divorce Decree?
Divorce decrees are meant to be final, but it is possible to make some modifications. However, there are specific legal distinctions that decide when and if a divorce decree can be altered.
Divorce Decree Guide
A lot of divorce decrees are comprehensive and includes all of the jointly agreed information in your divorce, like who is responsible for obtaining health and life insurance, whether the wife may take her maiden name again, and the way you will split up your debt.
Only the courts can issue divorce decrees. You get it when your case concludes. If your case went to trial, the divorce decree will signify the conditions of the judge’s decision and acts as a judgment that both parties are required to follow.
If you did not head to trial but, instead settled your case, the divorce decree will include the conditions of the settlement. The decree continues to act as a final judgment, but both of you have settled upon the conditions of your own divorce devoid of the court’s input.
Having you case settled takes the decision out of the control of the judge as long as the decision is not implausible or biased. If it is biased, the judge will typically step in to assist you in working out the conditions of your settlement.
Time Limits To Amend Divorce Decree
The opportunity to change a divorce decree will be defined by the legal justification for said request. Minor mistakes, including accidental omissions, can result in one party filing a motion to correct the judgement at almost any point in time.
Strict time limits will be set for substantive changes. For example, if a party wishes to amend the decree due to misrepresentation, fraud, or another party’s misconduct, a motion needs to be filed by a certain set deadline. Most jurisdictions require this type of motion be filed within one calendar year from when the judgement was entered or from when the fraud was originally discovered. In order to prove something like misconduct, you will need to provide a high standard of evidence.
Other requests, such as a wish to change a decree based on a mistake or excusable neglect, must meet a firm deadline, as well. Typically, the time limit will be within one year of the final judgement.
What Can Be Changed In A Divorce Decree?
The chance to alter a divorce decree ultimately depends on what provision an individual wishes to change. Many parts of a decree are meant to be final, which makes them nearly impossible to alter. A few things are almost always permanent including the division of property and allocation of debt, for instance. Courts will finalize property distribution in order to ensure both spouses can move forward knowing their exact assets and liabilities.
Provisions for financial support and ongoing care are generally considered modifiable, as these arrangements tend to change as time goes on. Here are a few commonly modified provisions:
- Visitation.
- Child support payments.
- Custody arrangements.
- Spousal support or alimony.
One party is not allowed to simply change their mind or disagree with the original order to secure a modification. Next, the court needs to receive a formal request to prove a “substantial change in circumstances” has occurred since the decree was finalized. The court needs to see that this change is significant enough to make the original order unfair, impractical, or that is not in the best interest of the child, if applicable.
Divorce Decree Change Process
The initiation of a change to a decree will involve a formal legal process. One spouse must draft and file a “motion to modify” or a similar petition within the same court that originally granted the divorce. Once filed, this legal document details specific components of the decree the spouse wants to change while providing justifiable legal reason for the action.
After the motion is legally filed, the other spouse needs to receive a formal notice. This is known as “service of process”, ensuring the ex-spouse is aware of the action and is given the opportunity to respond.
The other spouse now has a time limit to file an official, written response. The parties may then be ordered to attend mediation to work out a new agreement. If an agreement fails to be reached, the court will schedule a hearing where both sides present their cases prior to the judge making a final decision.
Source:
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- “How Long Do You Have To Amend A Divorce Decree?” Retrieved on August 26 from https://legalclarity.org/how-long-do-you-have-to-amend-a-divorce-decree/
Ogborne Law, PLC In Scottsdale, AZ
Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.
Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.
