What Is Divorce Modification?
A divorce modification is a legal process undertaken after the court finalizes the divorce. Because it’s common for people to experience a change in circumstances that isn’t easy to predict, the divorce court can provide latitude to modify things to reflect the new situation.
However, there must be a significant reason to request modification. Simply saying that someone has had a change of heart is not likely going to result in the court accepting the request.
When Do Ohio Courts Allow Divorce Agreements to be Modified?
There must be significant changes in one or both spouse’s circumstances to justify modifying the divorce agreement. Some of those reasons include:
- Significant change in income or financial situation. This can be due to increased or decreased income, retirement of one spouse, etc.
- Remarriage of one or both spouses or, in some cases, if an ex-spouse cohabits with someone else.
- One or both spouses move away.
- Either spouse files for bankruptcy.
- Health issues for or death of a spouse or a child.
If you’re unsure if your situation merits requesting a divorce agreement modification, contact an experienced family law attorney who can review your case and provide advice.
What Types of Modifications Do Ohio Courts Allow to Divorce Agreements?
If any of the above apply, there are some changes that may be accepted by the court.
- Child custody. Financial changes or employment moves can lead to changes in who has physical child custody (also known as parenting time) or visitation.
- Child support. The amount one parent pays the other for support can be modified based on need or a change in financial circumstances.
- Spousal support (also known as alimony). This can also be modified when the need is demonstrated.
Can Property Division Ever Be Modified After the Divorce Agreement is Finalized?
If both spouses agree on the modifications, they can change the property division in a finalized divorce. However, if they don’t agree, it’s not likely the court will order the modification. Property division is usually considered final unless there’s some ambiguity in the original court order.
This is one reason it’s vital to work with an experienced divorce attorney during divorce proceedings, one who will watch out for your best interests and help you identify what’s of value to you.
What Is the Process for Requesting Modifications to a Divorce Agreement in Ohio?
There are several steps. The process has several requirements and deadlines, so it’s highly advisable to work with an experienced family law attorney who can help prevent mistakes that could be costly.
- Process initiation. One spouse files a motion with the court requesting the modification and provides the reasons for the request.
- Notice served. The other spouse must be served a notice of the motion being filed. They must also be given adequate time to respond.
- Compile evidence. Both spouses have the opportunity to compile evidence in their favor, such as bank records, proof of employment and pay, medical bills, bankruptcy filing, etc.
- Hearing. The court holds a hearing where each spouse will make their case to a judge. The judge will review the modification requested, the reasons why, any evidence presented, and, in child custody cases, what’s in the child’s best interests.
- Ruling. The judge issues a ruling, either accepting the modification or denying it. If accepted, the judge will order the original divorce decree to be amended. If denied, the divorce decree is legally binding in its original form.
What Options Are There if My Request for Modification is Denied by the Court?
It can be tremendously frustrating to go through the work of requesting a modification of a divorce decree only to have the judge deny it. However, that isn’t necessarily the last step. There are still a few options you can pursue.
- Appeal. If someone believes that Ohio law was improperly interpreted or applied to the court’s ruling, they may be able to appeal the judgment. Usually, the person appealing has only 30 days to file an appeal once the court’s ruling is handed down. When time is of the essence, working with an experienced appeal attorney is vital.
- Mediation. If it appears the court is not going to modify the decree even on appeal, another possibility is to pursue mediation. This is also known as alternative dispute resolution (ADR) and is a technique meant to be more collaborative and less contentious. There are two forms of mediation a couple can pursue to try and resolve their differences outside of court.
- Collaborative law. In this form of mediation, each spouse works with an attorney who’s trained to use collaborative tactics rather than lawsuit tactics. If the couple can agree on the divorce modification, the court will likely accept the changes and modify the decree.
- Arbitration. In this form, an arbitrator who’s a neutral third party hears both sides, then issues a binding decision.
Both of these require a willingness to listen, communicate, and compromise from both spouses. It’s not something that will work for every couple. If unsure if it would work for your situation, consult your attorney.
What Should I Do if I Want to Pursue Divorce Agreement Modifications?
Call the Lawrence Law Office as soon as possible at 614-820-1195 to request a consultation. This can be a complex situation to pursue. Our team of experienced, knowledgeable divorce attorneys can review the specifics of your case to provide guidance on what’s possible and what’s probable.
