Grounds for Modifying a Missouri Divorce Decree
Navigating the complexities of a divorce decree can be challenging, especially when circumstances change after the decree is finalized. In Missouri, there are specific grounds under which a divorce decree can be modified. Understanding these grounds is crucial for anyone seeking to make changes to their divorce settlement.
At Columbia Family Law Group, LLC, we are highly experienced family law attorneys. Our team helps you understand when you should modify your decree and how to do it.
What is a Divorce Decree?
A divorce decree is the final judgment issued by a court that legally ends a marriage. It outlines the terms of the divorce, including child custody, child support, spousal support, property division, and visitation schedules. Once the decree is finalized, it is legally binding and enforceable.
Grounds for Modification in Missouri
In Missouri, a divorce decree can be modified if there is a substantial change in circumstances that makes the original terms unreasonable or unfair. Some common grounds for modification include:
1. Changes in Income
A significant change in either party’s income can be grounds for modifying spousal support or child support. For example, if the paying spouse loses their job or experiences a substantial decrease in income, they may seek a reduction in support payments. Conversely, if the receiving spouse’s income increases significantly, the paying spouse may seek a reduction in support.
2. Changes in Custody Arrangements
Changes in the child’s needs or the custodial parent’s circumstances can warrant a modification of custody arrangements. For instance, if the custodial parent relocates to a different city or state, the non-custodial parent may seek a modification to the visitation schedule.
3. Health Issues
The onset of a serious health issue for either party can be grounds for modification. For example, if the paying spouse develops a chronic illness that affects their ability to work, they may seek a reduction in spousal support. Similarly, if the receiving spouse becomes disabled and requires additional support, they may seek an increase in support payments.
4. Remarriage
The remarriage of either party can be grounds for modifying spousal support. In many cases, the remarriage of the receiving spouse can result in the termination of spousal support. However, the specific terms of the original decree and the circumstances of the remarriage will be considered by the court.
5. Change in Employment
A significant change in employment, such as a job loss, promotion, or retirement, can be grounds for modifying spousal support or child support. The court will consider the impact of the employment change on the financial situation of both parties.
6. Relocation
Relocation of either party can be grounds for modifying custody arrangements or visitation schedules. If the custodial parent plans to move to a different city or state, the non-custodial parent may seek a modification to ensure continued access to the child.
The Modification Process
To modify a Missouri divorce decree, the party seeking the modification must file a motion with the court that issued the original decree. The motion should outline the grounds for the modification and provide supporting evidence.
The court will then review the motion and may schedule a hearing to determine whether the modification is warranted. There are many other nuances to this process that your attorney can explain during your consultation.
Seek a Modification With the Help of an Experienced Missouri Divorce Lawyer
A knowledgeable Missouri divorce lawyer can analyze your case to determine if a modification is appropriate. Life changes happen, and we are here to help you accommodate them. We advise you on whether the court is likely to grant the modification and make the request in the appropriate fashion.Our team at Columbia Family Law Group, LLC understands the necessary grounds for modifying a Missouri divorce decree and how best to make it happen. Contact us today for a consultation of your case.