Divorce Modification Laws in Massachusetts
When filing for divorce, both spouses expect the divorce to remain finalized. And while the two people will no longer be married and not connected together, divorce agreements are not meant to last forever. There are usually changes in circumstances along the way that require a Complaint for Modification to be filed. Divorce modifications can be filed for a number of reasons including child support and custody. At the law office of Todd D. Beauregard, assistance can be provided for modifications, helping to ensure your divorce agreement is suitable for your current circumstances.
Addressing Various Issues
With a divorce modification, several issues can be covered. A request for a decrease or increase in alimony payments can be made as well as for an increase or reduction in child support payments. Parenting plans or custody agreements can be modified based on new circumstances or even child support terminated.
Every divorce is different, so modifications needed will vary depending on the individuals involved. Having the right divorce attorney by your side can be beneficial as you will have an experienced lawyer to assist with any legal changes that you find relevant for your agreement.
Facilitating Changes to the Divorce Agreement
The status of your case will determine how changes to your divorce agreement are facilitated. The type of change you wish to see is also relevant. In Massachusetts, you will need to file a Complaint for Modification and/or file a motion.
A Motion for Reconsideration can be filed to ask the same family court judge who originally heard your case to look at their decision and make a change based on new evidence, a legal mistake or fraudulent issue.
One can also file a Motion to Set Aside, which will seek approval from a judge to remove an existing custody order or support order. When the order is removed by the court, the ruling no longer exists and the matter then is reverted to a status of unresolved.
In this process, it is quite common for a spouse to file several motions that will make the case run for an extended period of time. Delays and stalling can lead to a higher legal bill for you so that you will then take a settlement that is less favorable just to avoid the cost. If you feel that your spouse is acting in this manner, a motion can be filed for attorney’s fees to be paid. This should speed up the process considerably if needed.
Taking an aggressive stance is sometimes the right path to take if you want to be successful within your divorce modifications. Our attorneys take the correct approach to help you see the outcome for modifications in your individual case. Let our team review your demands and see how we can help. From custody changes or support to alimony, we have experience in several areas to ensure that your desired outcome is reached.
For all questions on divorce modifications in Massachusetts. Contact Us Here or give us a call today 978-275-1919 to have your case heard so we can get the ball rolling with filing the proper motion for agreement changes.