Can We Go Back & Modify Divorce Agreements
Can I go back and modify our divorce agreement that we had? How long do I have to wait to do that? When two parties decide that they no longer want to be married, the two parties will have to get a divorce. A divorce allows the two parties to be viewed as single in the eyes of the laws. A divorce legally dissolves the two parties’ marriage. There are two different types of divorces that can be pursued. There are uncontested divorces in Jefferson County and contested divorces.
Uncontested divorces are divorces where the two parties are able to reach a mutual agreement. This means that the two parties have reached an agreement on every single term of their divorce. These terms consist of matters like child support, child custody, spousal support (alimony), and property division. In uncontested divorces, the two parties will enter a legally enforceable contract known as a marital settlement agreement. The two parties will have a divorce attorney draft this agreement for them, and it will incorporate all of the terms that the two parties had agreed to. Once the two parties have read, understood, and signed the marital settlement agreement, the divorce attorney in Decatur can draft a Petition for Divorce. Then, the divorce attorney will take both the marital settlement agreement and the Petition for Divorce to the Circuit Court and file them together. After Alabama’s mandatory 30-day cooling off period, the Circuit Court judge can review the marital settlement agreement and the Petition for Divorce and grant a final divorce decree.
Contested divorces are divorces where the two parties are unable to reach a mutual agreement. This means that the two parties were unable to reach an agreement on one or more terms of their divorce. When this is the case, the two parties will have to both hire an experienced Birmingham divorce attorney. One of the divorce attorneys will draft and file a Petition for Divorce with the Circuit Court, and then, the two parties will have to prepare for trial. If the two parties are still unable to negotiate and settle their differences, then, they will go before the Circuit Court judge. The Circuit Court judge will consider each party’s arguments, and they will decide each matter of the two parties’ divorce. Once the Circuit Court judge decides the terms of the two parties’ divorce, the judge will issue a final divorce decree.
The divorce decree is what makes the two parties officially divorced. But is the divorce decree permanently final? Well, the divorce decree is legally enforceable upon both parties to where they have to follow the terms listed within it explicitly. However, the divorce decree can be modified. To modify the divorce decree, one of the parties will have to petition the Circuit Court. This can be done at any time after the final divorce decree has been granted. Modification can make the divorce even more time-consuming and expensive unless both parties are able to agree on the modification. If the two parties cannot agree, then they will have to go back to the Circuit Court to allow the Circuit Court judge to decide. If you are considering a modification to your divorce, contact us today to consult with one of our divorce attorneys in Bessemer.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!
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