If the occasion arises when your existing Settlement Agreement must be altered to reflect changed circumstances, a divorce modification may be necessary, and we can help. Click here to learn more about divorce modification documents and other legal documents associated with divorce mediation.
Regardless of whether we performed your original mediation, if post-divorce issues have arisen and you require a Modification Agreement (amendment to the original Settlement), we can assist you in mediating changes and then writing up and filing these changes on your behalf.
Common reasons for modifications include changes in child custody, relocation of either parent, termination of a nesting arrangement in favor of another parenting plan, or a change in support due to a significant change in circumstances (such as change in income, employment or health).
Why You Might Need A Divorce Modification Agreement
Although small changes in your parenting or custody methods can generally be handled between the parties, substantial changes to the Settlement Agreement often necessitate a divorce modification. A modification can be created through mediation, allowing parties to flesh out the entire modification before drafting a formal agreement and submitting it to the court.
If one or both parties have a significant change in their life circumstances, like getting a new job or moving to a different state, a divorce modification is crucial. By drafting an addendum, you can protect yourself and ensure that necessary changes are enforceable by the court. By doing this in mediation, we can evaluate how one change may affect other tenants of the agreement. For example, a substantial change in parenting time may necessitate an adjustment in child support. After running these calculations with you, we help you determine if it is reasonable to implement a change.
When considering discussing a divorce modification with your former spouse, it can be helpful to work with a mediator who can help you consider the implications and effects of the changes, and if necessary, draft an amendment or addendum to your original agreement.
Divorce Modification and Nesting
If you’ve entered into a nesting agreement — where your children live in the marital home and you and your spouse rotate in and out according to your parenting schedule — you will likely require a modification when your arrangement ends.
When a divorce modification concerns the termination of a nesting arrangement, various facets of the original agreement will require adjustment. Common provisions that will need to be adapted include child and spousal support.
Divorce Modification and Equitable Divorce
When an important change is made to a custody or parenting schedule, the original agreement may not be as equitable as it was previously. A divorce modification would address this and adjust the terms to ensure that all parties, particularly the children, receive what they need to thrive.
In most cases, the changes were neither contemplated nor foreseen at the time the Stipulation of Settlement Agreement or Property Settlement Agreement was signed. Families and lives are dynamic and even the most thoughtful agreement cannot account for the limitless directions life may take us. A divorce modification agreement articulates the new circumstances and recalibrates the other terms of the agreement so that it is fair to all parties given the new circumstances.
To learn more about post-divorce mediation, click here.
Or, if you want to talk more during a free phone consultation about how mediation can simplify the process of getting a divorce modification agreement, click here.