Have you previously been through a divorce in Akron or another city across Summit County? If the terms of your divorce settlement are no longer working out for you or your family, you may be wondering whether changes can be made to your divorce settlement.
With help from an experienced Akron divorce modification attorney at Erb Legal, you may be able to obtain the changes you need when you need them. Here’s more about what you can expect from the divorce modification process in Akron.
Tom Erb Jr. is the family lawyer you want in your corner.
View Firm AwardsWhen a divorce has already been finalized, there may be specific sections of your agreement that need to be changed due to various circumstances. Those needs can be addressed through a divorce modification. There are many different reasons why you may request a divorce modification in Akron. Some of the more common reasons for divorce modification requests include:
Generally, people interested in modifying divorce agreements are interested in making changes to the division of your marital property or assets, the amount of child support to be paid, or the amount of alimony to be paid.
You can only modify a divorce decree if the court retains jurisdiction over aspects of your divorce terms; typically, this happens for things like spousal support since the amount may need to be changed post-divorce decree. The court may also retain jurisdiction in scenarios such as divorces involving minor kids in order to hear future matters regarding the children.
If the court did not maintain jurisdiction, you can only modify the terms of your divorce according to Rule 60(b) of Ohio Civil Procedure, which would apply in situations where a mistake was made in the original decree or new evidence is discovered to warrant modification.
If you are eligible for divorce modification and hope to get your request granted, you will need to prove that there has been a substantial change in your circumstances. You must also show that the modification request is in the best interests of yourself and your children and that the benefits of changing your current terms outweigh the risks of the proposed changes.
Your modification request will likely be handled in the Summit County Domestic Relations Court. You will have to pay a filing fee of $240 to have your motion heard by a judge.
When attempting to obtain a divorce modification in Akron, there are many mistakes people make. One of the biggest mistakes is deliberately misrepresenting yourself to obtain a favorable outcome in a case. For example, if you took a lower-paying job in the hopes of reducing the amount of alimony you would be required to pay, it is easy for the judge presiding over your case to find out and deny your request.
Making personal attacks as you attempt to modify the terms of your divorce settlement is also a huge mistake. Judges look down on this type of behavior, and it is important to show the courts that you are doing your part to maintain a positive relationship with your ex.
Objections to divorce modification requests in Akron can arise for many reasons. Your ex may believe that your divorce modification requests are inconvenient, a burden, or simply unfair. If your ex objects to your modification request, you may be required to bring your case before a judge if you hope to get your request approved.
However, it is important to remember that until any modification requests are granted, the initial terms of the divorce settlement are still in place and must be followed. This includes making child support or alimony payments on time and in full.
The process for getting divorce modified can be confusing. We have answered some of the most frequently asked questions surrounding this process below.
If you have additional questions regarding divorce modification, contact our office, so we can discuss your specific concerns further.
Divorce modifications can be permanent or temporary, depending on the details of your case. Once a divorce modification has been granted, the terms will need to be followed until any additional modification requests are made or the terms of the settlement are fulfilled. If the modification is temporary, it will include an exact date on which the divorce terms will revert to the prior agreement.
You can request a modification to your divorce any time after your divorce has been finalized. However, it is important to take action quickly once you discover that a modification is necessary. The longer you wait to move forward with the modification request, the less likely it is that the judge will be willing to grant your request.
It is also important to consider circumstances such as your finances, the age of your children (if applicable), and other factors when determining whether it is in your best interests to seek a divorce modification.
Divorce settlement terms are legally binding. If your ex fails to comply with the terms of your divorce settlement because they are hoping to get the divorce modified, they can face criminal penalties. They may be found in contempt of court, arrested, and face fines or jail time in addition to other penalties.
For this reason, it is critical to adhere to the terms of your divorce settlement, so you do not risk your freedom. Until a formal divorce modification request has been granted, the terms of your initial divorce settlement must be followed.
Although obtaining approval for divorce modifications can be challenging, with the right legal advocate on your side, you can make the changes to your divorce settlement and move forward with your life.
Meet with an experienced Akron divorce modification attorney at Erb Legal to discuss your proposed modifications today. Schedule your initial consultation when you complete our online contact form or give our office a call at 330-249-1778.