Qualified Assistance In Seeking Post-Decree Modifications
Once a divorce, custody determination and/or child support matter has been resolved, there is often a change in circumstances that necessitates a change to the existing order(s).
At MGM Law Office, attorney Michael G. Martin is here to help you understand the complexities of reexamining the unique issues of your divorce, custody determination and/or child support matter. Mr. Martin has more than 10 years of experience providing personalized, dedicated family law representation to clients in Minneapolis and throughout the Twin Cities. His focus is on helping you move forward by finding a solution to your post-decree modification as soon as possible.
How Long Does It Take To Modify My Divorce?
The process of modifying a divorce decree or custody order can vary significantly based on the specifics of your case and the court’s schedule. Generally, the time required for a post-decree modification can range from a few months to over a year. Understanding the timeline and preparing for each step can help streamline the process.
- Initiation of the process: The first step in seeking a post-divorce modification is filing a petition with the court. The petition must outline the requested changes and provide evidence supporting why the modification is necessary. Depending on the complexity of the issues and the court’s caseload, this step can take a few weeks to a couple of months.
- Notification and response: After filing, the other party must be notified of the petition and given a chance to respond. The time frame for this can vary, but typically, the other party has 30 days to file a response. If there is disagreement or the other party contests the modification, this can extend the timeline.
- Court hearings: Once responses are filed, the court may schedule a hearing to review the case. The scheduling of hearings can depend on the court’s calendar and availability. In some cases, there may be multiple hearings, especially if there are complex issues involved or if the parties need additional time to gather evidence.
- Decision and implementation: After the hearings, the judge will make a decision regarding the requested modifications. If approved, the new terms will be incorporated into the divorce decree. The implementation of these changes can take additional time as new orders are drafted and finalized.
- Factors affecting timelines: Several factors can affect how long it takes to modify a divorce decree. Financial circumstances, such as changes in income or significant life events, can complicate the process. Additionally, the need for detailed documentation or evaluations, such as for spousal maintenance adjustments, can extend the duration.
For a clearer understanding of the specific timeline for your family law matters, it can be beneficial to consult with a skilled divorce modification lawyer.
Why You Need An Attorney
Seeking a change to an order should be done through the courts with the help of an attorney. The court will consider several factors when determining whether or not the changes should be approved, such as:
- One parent loses a job
- One parent gains a job
- Another child is born to either parent
- One parent gets remarried
If the order is approved, your lawyer can help you understand what the changes mean for you and what your new obligations will be. If it is not approved, your attorney can discuss your next options.
Once an order has been issued in a family law or divorce case, both parties are expected to abide by the terms set out in that order. If either party does not follow the terms, they may be held in contempt, which can result in jail time. This is why it is important that you do not attempt to change the terms of an established agreement on your own, even if both parties agree. You could be in violation of the initial order.
Discuss Your Requested Changes Today
Learn more about your rights and the threshold requirements of a modification. Contact MGM Law Office today for a free initial consultation. Call the firm 612-474-5568 or send Mr. Martin an email.