Modifications

A divorce decree is the court’s final ruling that formally ends a marriage. It contains specific orders for alimony, child support, custody and visitation, and equitable distribution of assets and debts that both parties in a divorce must obey. However, circumstances in life can change quickly and may necessitate an adjustment to these divorce rulings. Unforeseeable life changes may make aspects of the divorce decree obsolete. Typically, the remedy for a substantial change in circumstances is petitioning the court for a post-divorce modification.
If your divorce decree does not accurately reflect your current life circumstances, we can help. At Downer Law, we provide our clients with sound legal counsel to protect their interests with a post-judgment modification. We are passionate about serving clients and take pride in being assertive, goal-oriented, and decisive, prioritizing each case.

Grounds for a Modification of a Divorce Decree are:

The Burden of Proof

It is not recommended to make a verbal agreement with an ex-spouse, as these agreements are not enforceable under Florida law. When both parties agree that a modification is in order, a document can be completed and filed with the court for review. If the parties are not in agreement, a legal proceeding can be initiated by either party. That party has the burden of proving the need for the revisions.

Judges are likely to grant modifications if there is detailed documentation to support a material change or in the best interests of a child. However, it is not reasonable to request a modification in some circumstances. For example, a decrease in income is not acceptable if the party chooses to voluntarily leave their job.

We stand with you every step of the way

An ex-spouse that violates the terms of their divorce decree is at risk for contempt of court charges. It is a serious matter with legal consequences. At Downer Law, we strongly encourage our clients to call us for assistance with a modification if they cannot meet their obligations. Even if both parties verbally agree with a change, it must be documented, reviewed, and granted by the court to prevent future issues.

Our legal team can help expedite proceedings and get the outcome you deserve.

Contact Downer Law to schedule an appointment at our office.

We represent clients in Volusia, Seminole, and Orange county.

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