How to Amend a California Divorce Settlement

Once you've entered a California divorce settlement (it is entered as a Final Judgment of Dissolution of Marriage), it is difficult to change. The court allows certain changes if there is an unexpected, permanent change of circumstances. These changes include spousal support, child support and custody and visitation rights of the parties. If custody changes, then visitation also must change.

Things You'll Need

• Copy of the original Final Judgment of Dissolution of Marriage
• Financial records

Instructions

1. File a petition requesting the specific change to the Final Judgment. State the reasons you are requesting the change in the petition. Include a statement of when the divorce was final and attach a copy of the Final Judgment of Dissolution of Marriage.

2. Serve the other party with the Petition for Modification of Final Judgment. The court will have to sign a summons, which is used to serve the other party with the petition. Pursuant to the summons, the respondent is given 30 days to file responsive pleadings. If the respondent files an answer and counterclaim, go to Step 3. If the respondent files a Motion to Dismiss, go to Step 4.

3. File an answer to the respondent's counterclaim. Once your answer is filed, there are three avenues you can take. If your request requires disclosure, you and your ex-spouse must provide the financial disclosure to each other. Your request will require disclosure if it has anything to do with modifying child support, spousal support or custody and visitation. If you are trying to modify distribution of property, you are required to provide disclosure plus additional information meeting the requirements of that statute for modification of distribution.

   Once you've provided disclosure, if you and your ex-spouse cannot come to an agreement on your own, ask the court for a hearing date or set up formal mediation with a court-recommended mediator. If you cannot come to an agreement even with the help of a mediator, request a hearing date from the court. The court will make the decision about your request for you.

4. Request a hearing with the court regarding the respondent's Motion to Dismiss. The court will enter an order denying the respondent's motion or granting it. In order for the court to grant the Motion to Dismiss, your petition either must not conform to the Rules of Civil Procedure, or the court must deem your lawsuit as frivolous.

5. Review the settlement agreement prior to signing it, if you came to a settlement on the matter, whether on your own or through the help of a mediator. If the court decided the issue, review the final judgment carefully and abide by its terms.

Tips & Warnings

• This article is written by a non-attorney and cannot be used as legal advice.

References

• California Family Section 2120 et seq
• Dishon & Block: Post Dissolution Matters