The Process of Modifying a Divorce Agreement in Tennessee

When going through a divorce, you might begin to second-guess your decisions and plans. Depending on the nature of your divorce, you may have to make a lot of decisions during a stressful time that will impact your future for many years. This can include decisions regarding spousal and child support, child custody, and division of property and debts.

It’s critical that you do your due diligence to make the best possible decisions you can at the time. You may want to work with a family law attorney to help you navigate the process and protect your interests. However, in some cases, court modifications are possible after a divorce, and not all these decisions are set in stone.

Some Common Reasons for Modifying a Divorce Degree

Typically, individuals want to seek a modification of their divorce order because something changed in their lives. Some common changes that might warrant a modification include:

  • Significant financial changes. If one or more of the people involved has experienced a significant change in finances, such as the loss of a job, a promotion, or a career change, a modification to spousal or child support may be in order. Often, these support payments are calculated based in part on income levels, so a large change can warrant recalculation. 
  • Necessary relocation. If one person finds it necessary to relocate, such as for work, child custody arrangements or may need to be modified to account for realistic visitations or shared custody given new distances between the home locations. 
  • Changes in the needs of the children. As kids grow and mature, their needs change. Where they live, how much time they spend with each parent, and how time is split between parents may need to change in keeping with the schedules, needs, and desires of older children. 
  • Significant health concerns. Health issues for either parent or a child can create the need for a modification to support ongoing relationships within a new normal that also takes into account medical appointments and treatments. 

What Parts of a Divorce Agreement Might You Modify?

You can’t modify all parts of a divorce agreement after the fact. For example, if you decide the divorce was a mistake and you really wanted to remain married, you can’t undo the divorce. You would have to remarry. It’s also rare that property division orders in a divorce can be modified, though you can take other approaches to reallocating property later. For example, you might buy or sell property between yourselves. 

Some parts of a divorce decree that can be modified are:

  • Child support. You can request a modification based on significant changes in income or the needs of the child/children.
  • Spousal support. You can request a modification based on significant changes in either person’s income.
  • Child custody. You can modify your child custody and parenting plans as the needs of your children or each parent’s ability to participate in a healthy, supportive manner change. 

What Is the Basic Process for Modification?

While parents often have the ability to work together on parenting plans in a civil, cooperative manner outside of the court, making small changes as the seasons of life call for them, there are certainly times when you want the court to formalize your plans via orders. This is true for child and spousal support as well. In these cases, you will need to seek formal modification through the court by:

  • Filing a petition for the modification with the right court
  • Ensuring the other party is served notice of the motion
  • Attending court hearings and presenting evidence in support of the modification

What Evidence Might Be Required?

Often, modifications of this nature relate to personal finances. Be prepared with financial documents demonstrating income and expenses.

Depending on your modification request, other relevant evidence could include medical records, employment records, and testimony from witnesses.

Common Challenges to Divorce Decree Modification

In some cases, you and your ex may agree that a modification is in order even before you petition the court for the new order. However, if you are not in agreement about the modification, the other party may dispute it. This can mean you have to work harder to prove your case.

Another common challenge for divorce decree modifications is proving there is a significant change. The courts don’t typically agree to modify previous orders simply because you want them to, and you may need to present compelling evidence that there is a good reason for the change.

Finally, if the modification is related to child custody or support, you may also have to demonstrate how the change is better for the child or children than the current status quo. Because this is a subjective measure, it can be harder to demonstrate in some cases than you might think.

Benefits of a Family Law Attorney When You Want to Modify Your Divorce

An experienced family law attorney can help you navigate the process of modifying child support, child custody, or spousal support orders.

Your lawyer can help you understand the process ahead of you and what to expect. They also work to gather information and evidence on your behalf and prepare you for any disputes that might come up. Your attorney works to protect your interests and rights in what can become a complex legal matter depending on the other side’s response.

If you need to make a change to child custody, child support, or spousal support orders, reach out to the Davis Law Firm by calling 865-830-6286 to get legal help.