Post Modification

After a divorce is final, can I renegotiate?

Posted by brian on April 10, 2018
post-divorce

Have you just gone through a divorce? Are you unhappy with the results of your divorce settlement and want a better deal for yourself? There is hope and it is possible to renegotiate a divorce after the divorce is final.

If there has been a material change in circumstances, then there are possibilities to renegotiate the divorce settlement. However, the person who is claiming the change in circumstances is the one who has the burden of proving that the change in circumstances is substantial.

In addition to a change in circumstances, if there is any evidential proof that one spouse hid assets during the divorce negotiations, then a judge could order a new decree. In this new order, the judge would allocate the funds more fairly, including those that were once hidden.

If one spouse is consistently disobeying the orders in the divorce settlement, then it could be brought to the court’s attention and they may modify the settlement.

However, the division of property that has been negotiated in a settlement is final and cannot be renegotiated. This is because the property is decided at the time of the circumstances of the divorce. Therefore, later circumstances cannot dictate what existed at the time of the divorce. In addition to courts refusing to reconsider original property division, courts will also refuse to reconsider debt division.

Modifications of child support, spousal support, custody, and visitation arrangements are often the situations that arise that will allow a court to renegotiate the terms of the divorce settlement. This is where the substantial change in circumstances comes into play. However, if a spouse takes a voluntary pay decrease, then this will not justify a change in the decree.

If you’re looking for a post-divorce modification attorney in Cedar Park, Texas, Jackson Law Firm is the one for you. We can ensure that your divorce is fair and in your best interest. Call us today!

For more information on our Post Divorce Modification Attorneys please visit our site!

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