Amending Agreements

Making Changes to Your Divorce Agreement

As time goes on after you’re divorced, you may decide that the terms of your divorce no longer work for you given changes in your life or in your children’s lives. For example, your employer is in financial trouble and has asked everyone to take a reduction in salary or your children have gotten older and require more expenses. Or maybe you’ve never been happy with the terms of your divorce and, although you’ve done your best to live with them, you’ve decided now is the time to try to get them changed.

If you and your former spouse see eye to eye on the changes, modifying your agreement or the judge’s court order should be relatively hassle-free, assuming that the court shares your perspectives. Just as you did when you got your divorce, you must draw up a revised agreement with the help of your attorneys to be certain that you do not create any problems for yourselves. Then the attorney of whoever wanted to change the agreement files the agreement with the court so that the new agreement can be court ordered. However, if you want things changed and your spouse doesn’t, or vice versa (which is more likely), you may be in for a replay of your divorce battles.

If you and your spouse don’t see eye to eye about the changes one of you wants to make to the terms of your divorce and you don’t want to minimize your legal expenses, try mediation. Mediation is a good way to avoid the expense and emotional upset of hiring attorneys and possibly having to go to court again.