Circumstances change over time, and sometimes that means that the divorce decree, or Final Judgment of the Dissolution of Marriage, needs to be modified. There are two ways a divorce judgement can be changed.
- Appealing the judgment to the California District Court of Appeals.
Appealing the judgment is a method that is not used as often because appeals are usually only granted If the trial court did not apply the law correctly or if the judgment was the result of one of the party’s bad faith, such as intentionally hiding assets.
- Motion to Modify the Terms.
A motion to modify the terms is the more commonly used approach to change the divorce decree. Modifications are usually more likely to be successful, less expensive, and faster.
- Can modifications be temporary?
Yes, modifications can be either temporary or permanent. For example, if a party has lost his or her job, the divorce judgment may be modified to change child support or alimony temporarily.
- Can modifications be permanent?
Yes, modifications can not only be permanent, but they can change some or even all of the divorce decree. Examples of a permanent modification might be where one party permanently changes careers or acquires a disability or injury which permanently changes that party’s ability to pay child support or alimony. Other changes could be to child custody, where the changes accommodate the growing and changing needs of children.
Some people feel locked into the divorce decree, perhaps because they don’t realize that changes are possible or perhaps because they fear the pandora’s box that may be opened if they readdress the current terms. An experienced divorce attorney, such as David Knecht, can provide advice about how to modify your divorce decree to make it right for you.
