Modifying A Divorce Decree In California
For many families, the period after a divorce can be tumultuous and filled with change. Job loss, the need to care for sick relatives or deal with a child’s developmental challenges and relocation for career purposes all can render a divorce order obsolete. In some cases, the provisions of a divorce order simply need to change, and in many other cases, one of the ex-spouses disagrees with a potential modification and needs to contest it.
At John T. Chamberlin, Attorney at Law, I represent clients in Pleasanton and throughout Alameda County, California, in petitioning for and contesting divorce modifications. As a lawyer with more than 30 years of experience in a range of divorce and separation matters, I can provide you with sound counsel and assertive representation in your divorce modification case.
What Is A Significant Change In Circumstances?
For the court to approve a divorce modification, the petitioning party must show a significant change in circumstances after the divorce was finalized. For child custody and visitation modifications, a significant change in circumstances can include a necessary relocation for work or to care for sick relatives or an unavoidable change in working hours that will affect the details of the visitation arrangement.
For child support or alimony, a change in circumstances can include a significant change in income due to promotion or job loss or increased needs due to an illness, injury or developmental need.
How To Start The Process
In some cases, it is better to start by filing a petition for modification and begin the negotiations that way. In other cases, it is better to start by opening informal discussions between the ex-spouses. I can help you determine the best way to proceed and help you through all aspects of your divorce modification case.
One of the most important issues in child support and spousal support modifications involves retroactivity, that is, when the modification will take effect. You need experienced legal advice regarding this issue so you know how and when to proceed with a request to modify a support order.
Let John T. Chamberlin, Attorney At Law, Help You Today
I can help you through all of these issues to protect your interests and make sure you get the results you need. To schedule a consultation regarding your divorce modification options, call 925-271-5650 or contact me online.