"Across three states, Jenny was hands-down the best divorce lawyer I worked with! Authentic, savvy, insightful, tough, empathetic and effective. Can ’t say enough good things about her."
When a divorce is finalized in North Carolina, both parties go their separate ways and agree to meet the terms outlined in their Court Order or Separation Agreement. Arrangements for child custody, child support, or spousal support are intended to be in effect for many years after a divorce. However, we all know that life circumstances can change. When these changes are significant, one or both spouses can seek a post divorce modification.
If your situation has changed after your divorce, it’s important to understand your options, when to pursue a modification, and why a lawyer is necessary to help you get the results you need.
A post divorce modification, sometimes referred to as a post-judgment modification, occurs when one spouse seeks to modify the terms of a Court Order or Separation Agreement. These terms may be related to child custody, child support, spousal support, or a combination of the three.
The purpose of a post divorce modification is to adjust the terms of the Court Order or Agreement so that it aligns with the current needs and lives of all parties, including the children.
When a Court enters a permanent Order, the terms are generally set in stone, but there are some circumstances in which an Order can be modified.
Either spouse can file a decree modification at any time, but the modification must be warranted. The burden of proof lies on the person seeking the modification.
A modification may be approved if:
Life can be unpredictable. A substantial material change in your life may warrant a change in the terms of your Order, such as:
Major life changes may make it difficult to meet the terms of the Order. However, a modification may allow the parties to come to more agreeable and feasible terms.
If assets were uncovered after the equitable distribution order or property settlement was finalized, there might be grounds to modify the terms or set the order or settlement aside, but only in limited situations and the law here is very complex.
Several areas of a divorce can be modified. Some of the most common modifications include:
Involuntary income changes due to job loss, salary reduction, illness, disability, or another hardship may warrant child support changes.
Depending on the circumstances, child support modifications may be temporary or permanent.
Child custody arrangements may need to change for a variety of reasons including:
Over time, the financial circumstances of either spouse may change. For example, a paying spouse may lose their job through no fault of their own. If the paying spouse is unable to afford spousal support payments, a modification may be needed.
If the receiving spouse remarries or cohabits, spousal support payments will be terminated.
Although extremely rare in North Carolina, a Court Order or Agreement for asset division can be set aside, but only in limited situations, such as fraud, newly discovered evidence, or duress.
Have you experienced a major change in your life circumstances since your orders were entered? Maybe you lost your job, had to move, or your income has been reduced. Maybe a medical condition or illness has left you with a mountain of medical debt and an uncertain employment future.
If it’s becoming difficult or impossible to meet the terms of your orders, it may be time to request a modification. A Cary post divorce modification lawyer can help.
Modification is a complex process and one that requires the help of an experienced attorney. Informal agreements between ex-spouses are not enforceable. Modifications should be in writing. If you have a court order, you will need a new one to reflect the modification. If you have a written agreement, you will need an amendment that is signed and notarized. Getting these modifications and amendments done right can be a challenge without the help of a lawyer.
The burden of proof lies on the person seeking the modification. A lawyer specializing in modification will know how to build your case and provide the necessary proof to satisfy the court. A lawyer will also ensure that the modification is an accurate reflection of your current life situation.
Triangle Smart Divorce has the knowledge and experience to guide you through this process. To learn more about modification and to schedule a consultation, contact us today.
"Across three states, Jenny was hands-down the best divorce lawyer I worked with! Authentic, savvy, insightful, tough, empathetic and effective. Can ’t say enough good things about her."
"The entire staff at Triangle Smart Divorce has been wonderful. My divorce has been extremely complicated and difficult, they have helped and been successful at every turn. They are more than competent and are also very compassionate individuals. They will and do walk you through each and every step to obtain the best results for you. An amazing team!"
"I would rate everything about my experience with Triangle Smart Divorce as 5 stars. The hardest step of any big decision is the first step. Jessica set the tone from the very first phone call. She was compassionate, calming and reassuring. The whole team has continued to work to maintain a supportive environment during the most difficult time of my life. I’m very grateful."
"Jenny Bradley and her team at Triangle Smart Divorce was the best decision I made. "
"Great firm! An outstanding group of professionals who are knowledgeable and care about their clients. I recommend Julianne and the firm to my clients and friends needing divorce and family law services."
"I felt heard, understood and listened to. Always there when I needed them! Had my best interest at heart and never let me down!"
"Outstanding firm. Try to work with their clients. Listens like a therapist. I am thoroughly pleased with the services I have been provided."
Our practice is entirely dedicated to helping couples move forward with confidence when dealing with divorce. You’re not alone.
Want to know how to prepare for divorce? Use our free resources to guide you. Our mission is to get you to where you want to be — without years of legal fees, court battles and emotional damage.
We are here to help you succeed and protect what you value most.
