Can Divorce Orders Be Modified in Florida?

During a divorce, the court will issue many orders. These orders outline child custody arrangements, how marital property is divided, provisions for alimony, and more. These court orders are final and legally binding. Both spouses are expected to comply with the terms outlined within them or face serious legal penalties.

Still, the family courts in Florida recognize that circumstances can change and the requirements within an order may no longer be practical for one or both parties to fulfill. In these situations, it may be possible to modify a court order issued during your divorce. Doing so is not easy, however. Below, our Fort Lauderdale modifications lawyer explains in greater detail.

Possible Reasons for Modifying a Divorce Order

There are many potential reasons you might petition the court to modify a divorce order. You may want to increase or reduce child support or alimony payments, adjust time-sharing schedules, or make changes to parental responsibility.

You cannot simply modify a divorce order because you disagree with its terms. You must prove that there has been a significant change in circumstances in your life, your former spouse’s, or your child’s since the original order was issued. The change must be unanticipated, material, and permanent. In certain cases, the change must also be involuntary. The most common reasons for asking the court to modify an existing court order include:

• Job loss
• A reduction or increase in income
• Mental health issues
• Physical injury
• Failure of the other party to comply with court orders, such as the current time-sharing schedule
• Parental relocation
• Lack of parental involvement in a child’s life
• Inadequate living conditions for children
• Evidence that a child has suffered neglect or abuse
• Improper educational or social development of the child

How to Petition the Court for a Modification

If you are thinking about petitioning the court for a modification, it is important that you do not make any changes until they have been approved by the court. Without this approval, there may be serious legal consequences for failing to comply with an existing order.

A modifications lawyer can help you file the petition with the appropriate court. Your petition must state the reasons you are seeking a modification. You must then serve the petition to your former spouse, who will have 20 days to respond to it. Their response can either confirm or deny the accusations you included in your petition.

Once you have submitted your petition, the court will schedule a hearing. During this hearing, the burden of proof is on you to prove the need for the modification. You must submit strong evidence that supports your case to be successful with your case.

Our Modifications Lawyer in Fort Lauderdale Can Help Prove Your Case 

While it is possible to modify divorce orders, it is not easy. At Haber Blank, our Fort Lauderdale modifications lawyer can guide you through the process, help you collect the evidence necessary to prove your case, and give you the best chance of a successful outcome. Call us now at 954-767-0300 or contact us online to schedule a consultation and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html