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?
Proving Need
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! If you want to modify your divorce decree, you will have to prove to the court that there is a “substantial and continuing change in circumstances”. For example, if you were paying child support and lost your job (and have difficulty finding another one), the court would likely agree that you have had a change in circumstances.
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.
How Do I Get Started?
To modify your divorce decree, you will have to file a Motion to Modify. This motion will be specific to what aspect of the divorce decree you wish to modify. Because of this, the easiest way to get started is to hire an attorney at Divorce Matters!