When you go through a divorce, there are a variety of things that need to be settled, especially if you have children. This process can be lengthy and stressful, and when it is all over, it can come as a huge relief. However, changes in your circumstances can necessitate altering the terms of your divorce decree. If you are wanting to modify your divorce decree, a Charlotte divorce modifications attorney can help streamline this process for you.
At Melone Hatley, P.C., we know how difficult it can be to reopen old wounds through divorce modification. Our team of experienced Charlotte divorce lawyers will do everything they can to make things as pain-free as possible. Contact us today to learn more about your options through a free case evaluation with a member of our legal team.
The Divorce Modification Process
There are a variety of reasons you might seek to modify the terms of your divorce. However, making these modifications is a complex, statutory based, legal process that can be challenging to navigate on your own. That’s where a divorce modifications lawyer comes in. An experienced lawyer can take care of every step of the process and give you the best chance at a favorable outcome.
Your attorney will begin the modification process by submitting a petition to the court, stating the reasons you are seeking an adjustment to your divorce decree and including evidence that supports your position. Once you have filed, the opposing party will have the opportunity to respond, and a hearing may be scheduled to review the details of your case.
From there, it is very likely that both sides will want to discovery, may need to file motions to protect their interests, try and negotiate a settlement, and then set a trial date.
At your hearing, your Charlotte family lawyer will present evidence supporting the need for a modification. Opposing counsel will have a chance to dispute any evidence presented, and the court will make a determination on whether or not a modification is warranted and the terms of the modification if granted.
When Your Former Spouse Initiates the Modification Process
Of course, you could also find yourself in need of a Charlotte divorce modification lawyer if your former partner submits a petition to modify your divorce agreement or divorce order. A divorce modification attorney can review the evidence presented by opposing counsel and refute any arguments that negatively impact your position.
Your attorney can help protect your rights and ensure you receive a fair outcome to your case.
Types of Modifications a Divorce Modifications Attorney in Charlotte Can Help You Make to a Divorce Agreement
There are many different modifications to your divorce agreement that you may seek to make. Some of the most common modifications include changes to:
- Child custody
- Child support
- Spousal support
Child Custody Modifications
Changes in your life or the life of your former spouse may lead you to seek modifications to your child custody agreement. Several factors can play a role in seeking this adjustment, including:
- Changes in work schedules
- Job relocation
- Remarriage or another change to the household
- Moving
Changes to your work schedule or your former partner’s schedule can alter your respective availability for parenting your children, and an adjustment to the time you have with your children may be necessary. If one parent must relocate for work, joint custody may no longer be possible.
When one parent remarries, moves in with a new partner, or has another change to the makeup of their household, it may necessitate a change in the child custody arrangement, especially if there are concerns about the safety of the children with the new occupant of the home.
If one parent moves, the change in their living conditions may be more or less suitable for children and necessitate an alteration to the custody agreement.
Child Support Modifications
Changes to the financial situation of either parent can necessitate alterations to the amount being paid for child support. If the parent paying child support loses their job, they may no longer be able to pay the original amount agreed upon. Alternatively, if the paying parent receives a significant raise in their salary, they could be required to pay more.
At the same time, if the parent who receives child support starts earning significantly more money, a modification could be made to reduce the money they receive, while losing their job could entitle them to additional child support.
In cases where a modification is made to the custody agreement, the parent previously receiving child support could now have to pay it instead.
Spousal Support Modifications
As with child support modifications, spousal support modification may be warranted if either party has a change in their employment or salary. An experienced divorce modification attorney serving Charlotte can help you present the evidence for why you are seeking a change to your spousal support agreement.
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Get Help from an Experienced Charlotte Divorce Modifications Attorney Today
Once a divorce has been finalized, you likely won’t be eager to reopen old wounds. However, the circumstances of your life can necessitate a change to your original divorce settlement. At Melone Hatley, P.C., we have been helping people make necessary adjustments to their divorce agreements for over a decade.
Contact us by giving us a call or completing our online contact form to set up your free, no-obligation case review with a member of our legal team today.
