Last Updated on July 8, 2025 by Divorce Matters
It is possible to modify a divorce after it has been finalized. This process is known as Post-Decree Modification. But how does it work, and under what circumstances can you modify a divorce decree? Let’s dive into the specifics of this legal process and what you need to know if you believe that the terms of your divorce no longer suit your current situation.
Proving Need for Modification
The first step to modifying your divorce decree is proving that your circumstances have changed. When the court finalizes your divorce, it is expected that you and your ex-spouse will abide by the terms and conditions that you, your ex, and the court have agreed upon. However, the State of Colorado recognizes that there may be circumstances in which the terms and conditions of the divorce will need to change. So, can you modify a divorce decree? Yes, but only after proving to the court that there has been a “substantial and continuing change in circumstances.”
For example, if you were paying child support and lost your job (and have had difficulty finding another one), or if you faced a significant reduction in income, you might be able to request a modification. The same applies if your ex-spouse receives a significant income increase, which could result in an adjustment to the child support payments. Other factors like illness, disability, or even a change in a child’s needs (such as a medical condition or change in educational requirements) may also be valid reasons for requesting a modification.
What Types of Modification Are There?
You can modify various aspects of your divorce, but the most common modifications relate to spousal maintenance (also known as alimony), child support, property division, and parenting time and responsibilities.
- Spousal Maintenance (Alimony): Changes in the financial circumstances of either party often prompt requests for modifications to spousal maintenance. If the paying spouse loses their job or experiences a significant drop in income, they may petition the court to reduce the alimony payments. Similarly, if the receiving spouse remarries or becomes financially self-sufficient, the paying spouse may request a reduction or termination of payments.
- Child Support: Child support payments are often modified when there is a change in the financial situation of either party or if there is a significant change in the child’s needs. For example, if the child’s medical expenses increase or if the custodial parent’s income drops, the non-custodial parent may request an adjustment in their support obligations.
- Parenting Time and Responsibilities: Changes in the living situation of either parent, a parent’s work schedule, or even a child’s needs can prompt requests to modify parenting time and responsibilities. This is especially common when parents relocate to a new area, or when a child’s educational or medical needs change and require more time from one parent.
- Property Division: While it is much more challenging to modify property division, it is still possible in very limited situations. Typically, property division becomes permanent when the divorce is finalized, but exceptions may apply if the division was based on fraud or misrepresentation.
How Do I Get Started?
So, if you’ve determined that a modification is necessary, can you modify a divorce decree? Yes, but the process requires legal steps. To begin, you will need to file a Motion to Modify with the court. The motion will outline the specific aspect of the divorce decree you wish to change. Whether you are seeking a change in child support, spousal maintenance, or parenting time, the motion must detail the specific changes you are requesting, along with a clear explanation of the circumstances that justify the modification.
Filing a Motion to Modify can be complex, especially when dealing with legal terms and requirements specific to your case. This is why it is important to work with an experienced family law attorney. Can you modify a divorce decree on your own? Technically yes, but the process can be complicated, and failure to properly present your case may result in your request being denied. The easiest way to get started is to hire an attorney at Divorce Matters!
What Happens After You File a Motion to Modify?
Once you have filed your Motion to Modify, the court will review the evidence you’ve provided. The other party will also be given the opportunity to respond. Depending on the specifics of your case, the court may schedule a hearing to allow both parties to present their arguments. After reviewing the evidence and considering both sides, the court will issue a ruling on whether the modification will be granted.
It’s important to understand that while the court is open to modifying divorce decrees in certain circumstances, it is ultimately up to the judge to decide whether a modification is warranted. The judge will look at the facts of the case, the changes in circumstances, and how the modification will affect both parties and any children involved.
The Importance of Modifying Your Divorce Decree
Modifying your divorce decree can be essential for several reasons. If your circumstances have changed, and the original terms no longer reflect your financial reality or your ability to care for your children, it’s crucial to seek a modification. Failing to adjust the terms can lead to significant financial hardship or disrupt your relationship with your children. Having your divorce decree modified to reflect your current circumstances ensures that both parties are fulfilling their obligations in a fair and reasonable manner.
It’s also important to remember that a divorce decree can be modified in certain situations, such as if you have new information or evidence that affects the terms. In some cases, you may find that the original agreement was based on incorrect assumptions, or that new developments in your life make a modification necessary.
Final Thoughts: Work with an Attorney to Modify Your Divorce Decree
If you are considering modifying your divorce decree, working with a skilled family law attorney is essential. Whether you’re looking to adjust child support, spousal maintenance, or parenting time, legal counsel will help you understand the process and present the strongest possible case to the court.
At Divorce Matters®, we have extensive experience helping clients navigate the process of modifying a divorce decree. Our team of attorneys understands the complexities of Colorado family law and can guide you through each step of the process, from filing the motion to representing your interests in court. Don’t hesitate to reach out to us to schedule a consultation.