Are you struggling with a divorce agreement that no longer fits your life? Whether it’s child custody, spousal support, or child support, circumstances can change after a divorce is finalized. Fortunately, California law allows for modifications to existing divorce orders under certain conditions. If you need to adjust a court order to better suit your current situation, keep reading to learn how divorce modifications work and how Kendall Gkikas & Mitchell, LLP can help with the process.
When Can a Divorce Order Be Modified?
Once a divorce is finalized, many people assume that the terms are set in stone. However, California courts recognize that life is unpredictable and will often grant a modification if a significant change occurs that impacts the existing agreement. Common reasons for seeking a modification include job loss, a substantial increase or decrease in income, changes in a child’s needs, relocation, or remarriage.
The Process of Requesting a Modification
The process begins by filing a formal request with the court. This petition must include details about why the modification is necessary and provide evidence to support the claim. The other party will be given an opportunity to respond, and if they oppose the modification, the case may go to a hearing where a judge will review the evidence and make a decision.
It is important to note that you cannot simply stop following a court order because you believe a change is justified. Until the modification is officially granted by the court, the original order remains in effect. Failing to comply with court-ordered child support, spousal support, or custody terms can lead to legal consequences. That’s why it’s crucial to work with a divorce modifications lawyer in San Bernardino CA to ensure the process is handled correctly.
What Happens If the Other Party Opposes the Modification?
In some cases, both parties agree that a modification is necessary. This usually makes the process relatively simple. However, if one party opposes the change, the court will make a decision based on the evidence that is presented. The burden of proof is on the person requesting the modification, meaning they must show why the change is necessary and how it benefits the child or aligns with financial realities. That is why having an experienced divorce modification attorney in San Bernardino CA can make a significant difference in these cases. A lawyer can help gather evidence, present a strong argument, and advocate on your behalf in court.
Contact Kendall Gkikas & Mitchell, LLP for Help with Divorce Modifications in San Bernardino CA
If your current divorce agreement no longer works for you, legal options are available. Whether you need to modify child custody, child support, or spousal support, a divorce modifications lawyer in San Bernardino CA can help you navigate the legal process. At Kendall Gkikas & Mitchell, LLP, we have 31 years of experience and the knowledge to advocate for a fair outcome. Give us a call today at 909-482-1422 to discuss your case and schedule an initial consultation!
