How Often Do You See Requests For Modification After A Divorce Is Finalized?
There are two issues in divorce, in general, and those issues are money and children. A post-judgment matter in Florida could either involve modifying some sort of monetary issue or timesharing. Another area that I deal with would be enforcement cases. In an enforcement case, someone was ordered in the final decree to pay alimony or pay child support and they’re not doing it, so you have to go back to court and get the judge to force them to comply with the obligations that they were ordered in the final judgment.
If An Asset Was Omitted During A Divorce, Could A Decree Be Modified To Accommodate That Asset?
If an asset or a liability was completely left out of the decree, you can return to court and ask for that asset or liability to be divided up.
Under What Circumstances Can Custody And Visitation Orders Be Modified In A Divorce?
In Florida, the standard for changing things post-judgment is an unanticipated substantial change in circumstances, so it has to be a change that is substantial and was unanticipated at the time the original agreement was entered into. Another important factor that the court always considers in any child issue is whether the modification is in the best interest of the child or children.
Does The Same Judge who handled My Divorce Have To Handle My Modification As Well?
In general, when cases are assigned to a judge, they’re assigned to a specific division, so that when you return to court, as long as that same judge is still sitting in that division, you will see the same judge.
Must The Same Attorney Who Handled My Divorce Handle My Modification As Well?
You can hire anyone you want to handle a post-judgment matter. My recommendation is if time has passed, then you should hire whoever you are comfortable with. If it is literally right after a final judgment that was handled by an attorney, that attorney may have some special and unique knowledge.
Where Must The Petition For Modification Be Filed?
In Florida, you usually have to go back to the same circuit where your divorce was filed to file a petition for modification. You can handle modifications of Florida divorce decrees where either of the spouses lives, where the children live, or where the property in question is located. If you get divorced in one circuit but by agreement, one or both of you moves to another circuit within the state of Florida and the kids move also to that other circuit, you would then go to the circuit where the other parent and the children live.
Can A Request Or Petition To Modify A Decree Be Challenged Or Opposed In A Divorce Case?
Any time a modification is filed, it is served on the other party and that party has an opportunity to respond. They will absolutely have an opportunity to present their case in opposition to the modification.
For more information on Requests For Modification Of Divorce Decree, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 928-9995 today.
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