Last Updated on April 4, 2025 by Divorce Matters
Divorce is a complicated process that is often fraught with emotions and challenges, and most people want to get through it as quickly and as unscathed as possible. For many couples who separate and/or divorce, once their case has progressed through the court system and the final divorce decree has been issued, they believe that all is said and done, all decisions are final, and nothing will change. However, what is a divorce decree without one party trying to change the terms? When a divorce settlement agreement is reached and made official by a court in a final divorce decree, it can be modified as circumstances change, which does happen more often than not (especially from the spouse who is paying more in child support, alimony, etc.). This is known as a Post-Decree Modification or Post-Decree Motion. These motions to change divorce terms are filed when a legally separated or divorced couple takes part in post-decree litigation, which means the parties involved disagree about issues after the final divorce decree has been issued and are headed back to court to resolve these issues.
So, what is a divorce decree, and what are the reasons to modify one? Quite often, these disputes are precipitated because one of the parties involved determines that the other party has violated a court order relating to the divorce. An example would be when the party responsible for paying court-ordered child support or spousal support fails to do so. Another valid reason for seeking a post-decree modification involves challenging the financial settlement based upon a failure to disclose debts or assets or concealing information that should have been produced. The parties may attempt to work out their differences on their own but if that fails, the injured party may have to file legal paperwork (usually known as a contempt action) requesting that the court enforce the original order.
What is a Divorce Decree and the Issues in Regards to Your Divorce?
The most common issues covered in your divorce decree will be child support, custody, and visitation arrangements. This can be due to a number of factors including a physical move to a new location, a new marriage for one or both of the parents, a significant change in financial status, living conditions, financial need of the child, and above all, the best interest of the child or children involved. If the agreed-upon parenting plan is not working and needs to be adjusted, parental responsibilities, parenting time/visitation, schooling, health care, and other issues can be subject to change. Attempts to alienate or isolate a child or children from one parent by another is also just cause for a post-decree modification request.
Alimony, also known as spousal support or spousal maintenance, may also be subject to change due to a change in employment, involuntary loss of job, change in living conditions, remarriage, substance abuse, arrests, or incarceration, a deteriorating mental or physical condition, or other factors. A judge will closely examine the details of the case and determine if anyone is attempting to avoid paying court-ordered alimony or if the requested changes are legitimate and worthy of consideration.
When Do Parties File a Motion to Adjust a Divorce Decree?
Filing a post-decree motion should not be taken lightly. Courts generally do not alter divorce arrangements without significant justification. You should consider filing a motion when:
- Your financial situation has drastically changed, making it impossible to meet your obligations under the original divorce decree.
- Your ex-spouse is not complying with the agreed-upon terms, such as failing to pay child support, ignoring custody agreements, or violating spousal support orders.
- Your child’s needs have changed due to health issues, educational requirements, or changes in parental circumstances.
In some cases, one party may also wish to revise terms related to property division. While property division is generally considered final in most divorce settlements, there are situations where hidden assets, financial fraud, or failure to comply with agreed-upon terms may allow for post-decree modifications. If a party discovers that their former spouse withheld crucial financial information during the divorce process, they may have grounds to return to court and make necessary adjustments to ensure a more equitable distribution of assets.
What is a Divorce Decree and its Legal Process to Revise Terms?
A divorce decree is a legally binding document that outlines the rights and responsibilities of each party post-divorce. The legal process to revise its terms typically involves filing a motion with the court that originally handled your divorce. The motion must detail the specific changes being requested and provide supporting evidence. In many cases, mediation may be recommended before going to trial. If an agreement cannot be reached through mediation, a judge will hear the case and make a ruling based on the presented evidence.
In some instances, the court may require a substantial burden of proof before granting modifications. For example, if one party claims financial hardship as a reason to reduce child support payments, they may be required to provide tax returns, pay stubs, or other financial documentation proving their current inability to pay. Similarly, if a parent is requesting changes to a custody agreement, they must demonstrate how the modifications would serve the best interest of the child.
Seeking Legal Assistance
The objective of a post-decree modification is to revise an existing final divorce decree so that it accurately reflects the lives and needs of those it represents, both adults and children. However, circumstances and conditions change all the time, and your original decree may need an update because it does not accurately represent your current situation. So, if you are asking “What is a divorce decree and how do I change it?” Divorce Matters® is here to help.
Navigating the complexities of a post-decree modification can be challenging without the guidance of an experienced family law attorney. Should you need to make changes to your agreement, working with a qualified legal professional can help ensure that your request is properly filed and supported by the necessary evidence.
If your circumstances have changed since your final divorce decree was issued and you would like guidance and help in filing a post-decree modification in Denver, the legal offices of Divorce Matters® are open and ready to assist you. Reach out to us today and let us help you achieve an arrangement that meets your current needs.