Can I Modify my Oakland County Divorce Agreement After The Divorce is Over?

For most people, the divorce process is long and stressful. There is a great deal of back-and-forth, you rarely get everything you wanted, and compromise is often the name of the game. So when it’s over, you just want to put it all behind you and get on with your life. But there are situations where that’s simply not possible. 

Scrabble times that spell out "TIME FOR CHANGE"

Circumstances come up where you’re forced to revisit your divorce agreement, and consider changing the terms. However, because that can be a complex process here in Oakland County, we’d like to share a little info with our readers about what’s involved in modifying a divorce agreement after the divorce is over, and what that could mean for you.

Am I allowed to modify my Michigan divorce agreement?

The answer to that is both yes and no. Modifying a Judgment of Divorce after the divorce is over requires permission from the court (after all, it was the court that signed off on the original agreement, so it will take a Judge to make any changes.) Typically, our judge’s will approve changes to your divorce judgment when both spouses agree. There are situations in which modifications will be allowed, and some situations where they won’t. It all depends. So what does it depend on, you wonder? 

A divorce agreement covers a number of different subjects, and some of them are allowed to be modified, and some aren’t. For example, folks living in Royal Oak, Troy, and Bloomfield Hills could only amend the property settlement section of a judgement of divorce if both parties agree on the change. The only exception to this is if there was provable fraud or coercion (and even then, there’s usually a one year time limit to ask the court to change your property settlement if your spouse does not agree to it.) As always, speak to an experienced divorce lawyer to review the particulars of your case. 

What about other parts of my Oakland County divorce agreement?

The portion of your divorce agreement that pertains to your kids (the section dealing with child-related issues like custody, parenting time and child support) is always modifiable, as long as you can show some kind of change in your circumstances that warrant a modification.

For example, if you live in Auburn Hills, Novi, or Holly and you’re moving across the state for a new job in the Grand Rapids area, you could ask the court to modify your custody agreement. Due to the increased distance, you may need to rearrange the parenting time schedule to something that works for both you and the other parent, taking into account the new travel times. 

How do I ask the court to change my divorce agreement?

The best way to deal with a necessary modification to your divorce agreement is to hire a family law attorney who understands what’s involved in this process, and has a long track record of success with divorce judgement modifications. You wouldn’t want to show up in front of a Family Court judge in Pontiac unprepared!

Here at The Kronzek Firm, our experienced family law attorneys can help you with every part of your divorce process, including making changes later on. We regularly handle custody disputes, asset division, alimony and child support, as well as helping people with their prenuptial agreements. If you are considering modifying your divorce judgement, call (248) 479-6200 today to set up your free phone or zoom consultation. We are also available 24/7 for emergency consultations and intervention.