Glendale Post Modification Divorce Attorney

When a couple divorces, the spouses need to divide their assets, create parenting plans if they have children, and agree on terms for spousal support. Over time, things may change for one of the spouses, necessitating a modification to the existing order. A Glendale post-modification divorce lawyer can help you petition the court to amend the agreement and represent you throughout the case.

What Is a Post-Divorce Modification?

A post-divorce modification is an amendment to an existing final judgment of a divorce case. When one spouse experiences a significant change in circumstances, it may be necessary to modify the agreement that’s in place. Modifications of a court order can occur for various reasons, and changes can affect small parts of the agreement or the entire order, depending on the new needs or circumstances of each party.

The Requirements for Modifying a Divorce Agreement

In 2024, Californians filed 108,403 cases for dissolutions, separations, and nullities. Some of those cases involved modifications to accommodate significant changes in the ex-spouses’ lives. There is no formal definition for what constitutes such a change, and the court has a lot of discretion in making that determination. The change in circumstances must be significant and not foreseen at the time of the original order.

Common Reasons for Post-Divorce Modification

There are many reasons ex-spouses may wish to modify divorce agreements. Whether you are petitioning the court because something has changed for yourself, your child, or your former partner, common reasons for a post-divorce modification include the following.

• Changes in income. If you lose your job or your ex-spouse sees a sizeable increase in their salary, it could be grounds to modify the order to reflect that change.
• Relocation. If your divorce agreement included a custody plan, the order may need to be altered if one parent moves, either away from or with the child.
• Permanent or long-term changes in a child’s needs. Changes to a child’s healthcare, education, or other financial needs could necessitate a modification to a divorce judgment.
• Remarriage. When a party who receives spousal support remarries or cohabitates, the paying party can request that spousal support be terminated.
• Failure to comply with the existing agreement. If one party cannot or refuses to follow the order, the court can either force compliance or modify the agreement.

The Process to Modify a Divorce Order

Altering a divorce agreement can be complicated, and you must follow California’s post-modification laws throughout the process. Depending on your relationship with your ex-spouse, you may be able to reach an agreement without going to court. In this case, you can simply document the changes in writing, have each party sign, and then file the new agreement with the Los Angeles County Court.

Alternatively, you can petition the court for post-divorce modification by filing a Request for Order motion, at which point a date for the hearing will be set. You must serve your ex-spouse with the filed request and any supporting documents at least 16 days before the hearing. They must then file their own response to the motion, which should include their argument against modification.

When it is time for the hearing, both sides will have their chance to make their arguments, and the judge will make their decision.

How a Glendale Divorce Attorney Can Help Modify a Divorce Agreement

A Glendale post-modification divorce attorney can be an invaluable ally throughout the legal process. They are familiar with the state’s laws for divorce, and are knowledgeable about the local court’s procedures and judges. These cases can be complicated. Between filing motions for discovery, analyzing the evidence, and making an argument before the court, you can rest assured your post-modification case is in good hands when you are working with an experienced attorney.

With over a decade of experience in divorce cases, the Khalaf Law Group has the knowledge and track record to fight for you. We are familiar with the local courts and judges, and we put our perspective to work for you. Attorney Ted Khalaf is committed to using his experience and skills to secure favorable outcomes for his clients.

FAQs

Q: When Can I Request a Modification to a Divorce Judgment in California?

A: You can request a modification at any time for a divorce judgment in California. Unlike some states, California does not have a mandatory minimum waiting period for filing requests to modify a divorce decree. As long as you can prove that there has been a significant change in circumstances, you can petition the court at any time to alter the terms. If you are unsure what constitutes a substantial change in circumstances, consult a divorce attorney.

Q: Can Child Support Be Modified After a Divorce?

A: Yes, child support payments can be modified after a divorce, particularly if the needs of the child have changed significantly or the parent paying support has experienced a change in their income. In fact, most details of a divorce decree can be modified later, although property division is rarely amended.

Q: How Much Does It Cost to Hire a Divorce Attorney?

A: The cost of a divorce attorney varies from case to case, and the experience of the attorney is a major factor. An attorney with years of experience in divorce cases will likely charge more than a lawyer who lacks a proven track record. Similarly, complicated cases that require more research, time, or proceed to litigation typically cost more.

Q: How Long Does It Take to Modify a Divorce Order?

A: It’s difficult to estimate how long a post-divorce modification will take. If you and your ex-partner can work together to come to an agreement, it can be resolved more quickly. If the matter is contentious and neither side is willing to negotiate, these cases can take much longer to resolve. When you consult with a lawyer, they can give you a more specific timeline.

Hire a Post-Modification Divorce Lawyer

If you believe the terms of your divorce no longer reflect your circumstances, it may be time to request a post-divorce modification. While you and your former partner could work out a new agreement on your own, that isn’t always possible. When you need to bring your case to court, it’s wise to hire a post-modification divorce lawyer to represent you.

The Khalaf Law Group is here to fight for you and protect your rights. Contact us today to discuss your case and learn how we can assist you.