How to Amend a Divorce Decree

There may be a time where you need to amend your divorce decree. This could be due to one party deciding to move out of the jurisdiction stated in the settlement or divorce agreement, if one party decides to give up primary custody or for any other number of reasons. When doing an amendment, both parties generally agree to the amended terms. If not, then you would have to modify the decree and, for that, you need to go through the court system.

Instructions

1. Decide with your ex-spouse on an agreement for the amendments. Whether it is for a change in visitation, a change in primary custody, a change in alimony or child support payments or even a change in who is making payments on certain assets, you should file an amendment to the decree.

2. Draft a settlement agreement pertaining only to the changes you and your ex-spouse agree to. The settlement agreement should be set up as a pleading, just as your original settlement agreement is set up. Make sure the heading is consistent with the court's format--it should include the judicial circuit, the county, the state, the parties' names as outlined in the original divorce action, the case number and the division. The agreement should be titled, "Amendment to Settlement Agreement Signed on [insert date the agreement was signed or filed]."

3. Sign the agreement. Both parties must date, sign and notarize the agreement.

4. Ask the court to ratify the agreement. Draft a "Motion to Ratify Amendment to Settlement Agreement." The motion should simply ask the court to ratify the amendment to the settlement agreement and file it with the clerk of court. If the court agrees with the amendments, it will draft and sign an order ratifying the agreement and file the agreement with the clerk of court. The court will send both parties a copy of the ratified agreement.

Tips & Warnings

• Abide by the amendment as soon as possible.

• You do not have to wait for the court to ratify the amended agreement before abiding by it because the court will almost always ratify an agreement that is agreed to, and signed by, both parties.

• If you do not have an original settlement agreement (because there was never one drawn up), and you just have a final judgment, title the new agreement "Stipulation to Amend Final Judgment of Dissolution of Marriage." Have the court ratify it in the same way you would ratify an amendment to a settlement agreement.

• If you are not familiar with the laws of your state, or if you are uncomfortable with your ex-spouse's proposal, have an attorney review the terms your ex-spouse is proposing.

• Once you sign an agreement, it is as good as set in stone, so be careful with your wording if you are drafting an amended agreement yourself.

• This is not legal advice. No part of this article should be considered legal advice. The laws vary from state to state, and even from county to county. You must contact an attorney for legal advice. Always check with the court in the proper jurisdiction for its procedure.