Finalizing a divorce is like closing a difficult chapter, but life often changes in ways that render parts of a divorce agreement no longer fair or reasonable. Whether it’s a change in income, a move to a different state, or a change in your child’s needs, you may be wondering whether you can modify your divorce decree after it’s been finalized. It is imperative that you understand when and how post-divorce modifications are possible under Pennsylvania law. Continue reading and work with a skilled Montgomery County family lawyer for more information today.
What is a Divorce Decree?
A divorce decree, or divorce judgment, is the final court order that legally ends a marriage and outlines the terms of a divorce. It includes provisions on how property division, debt allocation, child custody, child support, and spousal support will be handled. Once issued, the decree is binding and enforceable, meaning that both parties must follow its terms.
Can I Modify My Divorce Decree After It’s Been Finalized in PA?
While divorce decrees are legally binding, certain parts are subject to change as the years pass. It is unrealistic to expect life to remain the same over time, so state law permits modifications under certain circumstances.
Courts allow changes to issues like child custody, visitation rights, child support, and alimony when there is a material and substantial change in circumstances that warrants a modification. These topics involve ongoing financial or other obligations that can be impacted by life changes.
Child and spousal support obligations in Pennsylvania are based on the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. 23 Pa.C.S. § 4352 states that a petition for a support order can be filed at any time and granted if the requesting party demonstrates a substantial change in circumstances.
When Will a Court Approve a Change?
As established, a PA court will approve a change to the divorce decree when there is evidence of a material change in circumstances that warrants a modification. Some valid reasons the settlement may require a change include the following.
- Major change in employment or income
- Relocation of one party
- Remarriage of one party
- A child’s changing needs
- The development of an illness or disability
These are only some of the reasons a court may approve a modification to a divorce decree. If you have had major changes in your life, you should consult with a family law attorney for advice when petitioning the court for a modification.
Are Any Parts of the Divorce Decree Off-Limits?
It is important to note that issues like property and debt division are typically permanent. These decisions are made based on each party’s situation at the time of the divorce, so any changes in circumstances are generally irrelevant. Unless there is evidence of fraud or a major mistake, these terms will not be altered.
If you have any questions regarding your ability to modify your divorce decree, do not hesitate to contact an experienced family lawyer at Cohen & Patel today.
