How to Change Divorce Agreements

Before a couple can get divorced they must go through a sometimes lengthy court process that ultimately results in a divorce decree. The divorce decree settles all issues in the divorce including custody, visitation, child support, division of property and assets as well as division of debt. Occasionally one of the parties wishes to change one or more of the terms of the decree at a later date. In most states, you must file a motion to modify the decree in order to effectuate a change.

Difficulty:

Moderately Challenging

Instructions

Things You'll Need

• Copy of the original divorce decree

1. Research your state statutes for specific rules dealing with modification of a divorce or dissolution decree. State statutes can be found on your state's official website, at your local library or at a law library. Pay close attention to when, how and for what reason a court will consider modification. Some states will not entertain modifications until a year or more has passed since the original decree, absent an emergency. Additionally, some states will only consider a modification for specific reasons.

2. Prepare a motion to modify. Check your state court or county court website for a self-help center that may have sample forms you can use. If you are unable to find a sample form, you must include the parties names, the court name, the cause number, the date of the original decree, the original term(s) that you are asking to be modified, what modification you are asking for and why. Sign the motion to modify.

3. Attach a copy of the original decree to the motion before filing. File the motion to modify with the original court that granted the decree of divorce. Serve your ex-spouse with a copy of the motion via certified mail, personal service or service by sheriff depending on your state's service of process rules.

4. Wait for the court to send you a hearing date. Appear at the hearing and bring any evidence that you feel supports your request to modify. Explain to the judge what you want modified and why. Your ex-spouse will also be able to object or agree to the modification and explain their reason for objecting, if applicable. The judge will then decide whether or not to modify the term(s).

Tips & Warnings

• It is always best to consult with an attorney whenever possible before proceeding pro se.

References

• Carrol County Ohio: Motion to Modify
• Maryland Judiciary: Domestic Relations Forms
• FindLaw: Appeals amd Motions to Modify