Can the provisions of a divorce be changed after the divorce is final?

Provisions of a divorce may sometimes be changed afterward depending on the specific provisions in question. Decisions that have been agreed upon- such as division of assets and the breakdown of debts- cannot be changed unless an agreement or provision in the divorce separation agreement specifies that alterations are possible. However, issues such as child custody and child or spousal support may be altered under certain circumstances. 

How can provisions be changed after a divorce?

Often, a court decides whether spousal support or child support is appropriate and, if so, the court sets the amount of support that must be paid. In cases where the parents are unable to agree on their own, courts often become involved in child custody determinations. Once these provisions are set in place, they usually may not be changed unless the parties provide very good reason for doing so. 

After a divorce, can child custody or support agreements be changed?

Although courts are reluctant to revisit issues that have already been decided, sometimes doing so becomes necessary. For example, if a child is placed in the custody of a parent, and then the circumstances change and the parent cannot longer create a safe home environment for the child, then the custody arrangement may need to be altered. If so, the other parent will need to petition the court and argue that a material change in circumstance has occurred.

Likewise, if spousal or child support is ordered and the financial situation of either parent changes, the parent or parents could make a motion with the court requesting that the court revisit the issue in light of the new circumstances. 

Should I get help?

Making changes to the provisions of a divorce after the fact is very difficult, so it is important to find a lawyer who can help you get a fair divorce settlement in the first place. If this is not possible, it is imperative you have a lawyer if you intend to make alterations to any provisions in your divorce. 

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