It is not unusual to find yourself several years down the road after your divorce or legal separation needing to modify and make changes to the Judgment. This happens most often when new custody and visitation orders are needed or a modification of child and/or spousal support is desired.
The biggest difference between seeking modification of court orders before Judgment and after Judgment is whether you can meet the threshold requirement of a “material change in circumstances.” This threshold test generally does not apply before Judgment. There are also times when the threshold test is irrelevant, such as when former spouses jointly decide to change the terms of their Judgment. For example, perhaps Wife was awarded the family home, but now no longer wants the home and Husband is willing to step in and take the home.
Whatever your situation, our experience in dealing with these kinds of issues will help streamline the process and help you understand the various options for moving forward. Sometimes we have to draft and file a motion with the court, while other times we instead need to draft an agreement that will become a new court order (called a Stipulation and Order). And occasionally, there will need to be a new trial on a particular issue, such as the termination of long-term spousal support after many years of payment.
Contact us or call (925) 465-2500 or (707) 398-6008 for more information or to schedule an initial consultation at Sparks Family Law, Inc. with attorney Gary D. Sparks.