Understanding the Process of Modifying a Divorce Decree in Missouri
Divorce decrees are legal documents that finalize the terms of a divorce, including child custody, support arrangements, and property division. However, life circumstances can change, and you may find that the original terms of your divorce decree no longer suit your situation. In Missouri, you can request a modification of your divorce decree under certain conditions.
At Columbia Family Law Group, LLC, our team know how to help you adjust to those life changes. How to handle your particular circumstances will depend on the situation and legal status of your case. Schedule a consultation for an in-depth look at your case.
Reasons for Modifying a Divorce Decree
Modifications to a divorce decree in Missouri are typically granted when there is a substantial change in circumstances. Common reasons for seeking a modification include:
- Changes in Income: Significant changes in either party’s income can affect child support or spousal maintenance arrangements.
- Relocation: If one parent needs to move for work or personal reasons, it may necessitate changes in custody arrangements.
- Changes in Children’s Needs: As children grow, their needs may change, requiring adjustments to custody or support agreements.
- Health Issues: Illness or disability affecting either party or the children may warrant a modification.
- Non-Compliance: If one party fails to comply with the original terms, a modification may be needed to enforce or alter the agreement.
The Legal Process
Every modification must go through the legal process. However, the process for your case may look different, especially if the parties can agree to a modification.
- Filing a Motion: To begin the modification process, you must file a motion with the family court that issued the original divorce decree. This motion outlines the changes you are requesting and the reasons for the modification.
- Serving the Other Party: After filing the motion, you must serve the other party with the legal documents.
- Response from the Other Party: The other party can agree to the modification or contest it. If they contest, the court may schedule a hearing to review both sides.
- Mediation: In some cases, the court may require mediation to help both parties reach an agreement without a formal hearing.
- Hearing: If mediation is unsuccessful or not required, the court will hold a hearing where both parties can present evidence and arguments.
- Court Decision: After reviewing the evidence, the court will make a decision. If the judge finds that there is a substantial change in circumstances, they may grant the modification.
Factors the Court Considers
When deciding whether to modify a divorce decree, the court considers several factors:
- Best Interests of the Child: In matters of custody and support, the primary consideration is the best interests of the child. The court examines factors such as the child’s health, education, and overall well-being.
- Financial Stability: The court assesses each party’s financial situation to determine if changes to support arrangements are warranted.
- Parenting Time: The amount of time each parent spends with the child and their involvement in the child’s life are critical factors.
- Compliance with Original Terms: The court looks at whether each party has complied with the original terms of the divorce decree.
Get Help With Your Post-Decree Divorce Modification
A knowledgeable Missouri divorce lawyer stands ready to help you. Though a decree is “final” in one sense, it can change under the right circumstances. In fact, it is quite common to need a change because of altered circumstances.
Our team at Columbia Family Law Group, LLC can help you with the legal process and seek the modification you need. Contact us today for a consultation of your case.