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Do you need a post-divorce modification?

A "post-divorce modification" sounds like some kind of a plastic surgery procedure. Perhaps in some ways it is not that different from an operation, but the thing you're trying to change isn't your body -- it's your divorce decree. Numerous spouses find that the terms and conditions of the divorce agreements or their child custody agreements are unlawful, not based on the truth of their current situation or simply impractical. In some of these cases, it might be possible to alter the divorce decree after the fact.

Filing appeals to a higher court

One way to alter your divorce decree is immediately following the judge's ruling. You may want to appeal the decision to a higher appellate court. Although it's unusual for the parties to succeed in such an appeal, if the lower court judge's decision fell outside of common legal practice or if there was a serious procedural issue relating to the legal process, some spouses might succeed in appealing a divorce decision. Before filing an appeal, however, it's important for spouses to make sure that they have a strong enough case to succeed and that they are not wasting their money and time.

Motions to modify divorce judgments

A motion to modify, when it has a sound legal basis, is another way to modify a court's decision. This involves appealing to the same court that decided the original divorce matter. Often a divorce modification will be successful if the parties experience a dramatic change in circumstances that renders the previous divorce ruling impractical or unworkable. Perhaps one parent loses his or her job and can no longer pay the same amount in child support. Perhaps the spouses have new schedules and they need to rework their parenting time arrangements. These and other significant changes in circumstances could warrant the filing of a motion to modify.

If you feel that your current divorce decree doesn't work for you and your family, learn more about your legal options for changing the decree now.

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