How do I Change Divorce Stipulations Years Later?

The court will decide whether you can change your divorce stipulations once you go through the filing process.

It is generally difficult to modify the original divorce stipulations years later. While you can file a petition for modification, your chances are slim unless you can justify the request with a legitimate reason. You may be able to increase your chances by seeking professional consultation with an experienced attorney who can help you explore options and walk you through the process.

Instructions

1. Educate yourself on your specific state laws on the subject. Consult a local experienced attorney and research your state's modification constraints. While courts can modify divorce stipulations, only a certain number of situations allow them to make changes. Child support and custody issues as well as spousal support are generally the stipulations most subject to change. Also, some changes become impossible once a certain amount of time has passed after the divorce.

2. Assess your specific situation. You must meet certain criteria to be eligible for the change. The court will consider the modification if you have experienced a considerable change in your financial, physical or mental situation since the divorce. Proceed only if you meet the preliminary criteria.

3. Go to the courthouse where your divorce was finalized and ask the clerk about necessary paperwork. The forms will vary by your specific state, but you will definitely need to file a petition to modify and a summons to notify your ex-spouse formally about the appeal. Other paperwork may include a financial affidavit and motion for modification. You may also have to file additional paperwork for your specific county.

4. 

   Retaining copies of your original paperwork is important, so you will always have a backup available.

   Make photocopies of your paperwork for your own records. File the original documents at the county courthouse where your divorce was finalized.

5. Attend the subsequent hearing. The hearing is mandatory for the court to grant any change in divorce stipulation. The court will make the final decision at the end of the hearing.

Tips & Warnings

• This article is not to be construed as your sole legal advice. Consultation with an experienced attorney is always recommended.

References

• Woman's Divorce: Modify Divorce Decree
• Washington State Bar Association: Dissolution of Marriage (Divorce)
• Maine Bar Association: Divorce and Custody
• U.S. Legal Definitions: Modification of Divorce Decree Law and Legal Definition