It is common to believe that the conditions of a divorce are final once two people file for a divorce, which is known in California as the “Final Judgment of the Dissolution of Marriage.” That is accurate in most cases, but not always. When circumstances change, some people wonder, can you modify a divorce decree in California? A divorce settlement’s terms may be modified in part or in full by one of the parties if justified.
Modifying a Divorce Decree
When a couple decides to dissolve their marriage, emotions typically run high. Sometimes, one spouse’s best interests may take precedence over the other’s, and as a result, one partner may not be satisfied with the outcome. This leaves little room for that partner to have at least some of their interests taken into consideration once the process is over.
The good news is that, in California, the unhappy party can always file for divorce modification to request the court to amend the final decree. A divorce decree typically includes obligations and rights of both parties regarding terms after the divorce. Some of these terms include:
- Division of property
- Child custody
- Child support
- Child visitation
- Alimony/spousal support
Final decrees are made after hearing all the relevant evidence and information and deciding on what is in the best interest of the children and everyone else involved. Even though final decrees are considered “final” by name, they may be modified.
The party requesting the modification of the divorce will have to confirm with the court that one or more circumstances have changed significantly or materially after the final divorce decision was made. Some reasons for modification include:
- One of the party’s financial situations changed, which is typically used to modify child or spousal support payments.
- One of the parents relocated.
- Another significant change, particularly that would drastically affect the children’s lives, such as one parent losing a job or developing a terminal illness.
Keep in mind that it is generally very serious to break any orders included in the final divorce judgment, even if your circumstances change, before receiving a modification. That’s why it’s most advantageous to file for divorce decree modification as soon as possible to prevent getting in trouble with the law.
How To Modify a Divorce Decree
When seeking a modification to a divorce decree, there are two possible ways to change the judgment. The first is to send an appeal to the court of appeals. The second is to file a motion to modify the terms of the decree with the original court that made the judgment.
Appealing to the California District Court of Appeals
The California District Court of Appeals in the region where the judgment was filed or where the parties reside examines appeals of divorce settlements. A party is required to provide an oral or written argument along with their appeal. Appeals are normally only allowed in cases where it can be demonstrated that the trial court judge interpreted the law incorrectly or that bad faith, such as concealing assets or deceiving the court, influenced the decision.
In order to ensure that the law is applied correctly, appeals courts seldom accept fresh evidence and typically base their rulings on the trial court’s record. Even if one side was misled, appeals are unlikely even if both parties approve the settlement. Even if an appeal is turned down, the filing party may still request that an unfavorable decree be modified.
Filing a Motion to Modify
Parties may request a revision of the decree by submitting a motion to the issuing judge if challenging a Final Judgment of Dissolution of Marriage is not the greatest course of action. Compared to appeals, modifications are frequently quicker, less expensive, and more focused, concentrating on particular clauses like child custody, support, or alimony.
For example, unemployment could temporarily change the amount of child support being paid. Permanent modifications also include reshaping the entire divorce agreement, changing terms of support or custody, or adding new agreements. Seeking advice from an Upland divorce modification attorney might help you choose whether to file for a modification or appeal in order to correct an unjust or unworkable divorce decree.
FAQs
Q: How Do You Modify a Divorce Decree in California?
A: To modify a divorce decree in California, you can file a motion with the issuing court. In the motion, you can cite changed circumstances like changes in income or new child custody issues. Modifications provide a focused and expedient substitute for appeals by changing particular terms without annulling the overall ruling.
Q: What Is the Five-Year Rule for Divorce in California?
A: In California, the term “5-year rule” refers to summary divorce, a streamlined procedure that allows for the dissolution of a marriage or domestic partnership without a formal court hearing if you’ve been married for less than five years. It is a faster and less costly choice for couples that fit the requirements.
Q: Can You Appeal a Divorce Decree in California?
A: In California, divorce decrees may be appealed on the grounds of demonstrating bad faith or demonstrating legal errors that affected the initial verdict. Through the review process offered by appeals, higher courts determine whether the trial court appropriately implemented the law and respected the rights of the parties, with the possibility of revoking or changing the decree.
Q: Can a Divorce Decree Be Voided in California?
A: In order to request a divorce decree to be voided in California, you must submit a “request for order to set aside,” also known as a “motion to vacate” or a “motion to set aside,” in order to petition the court to set aside (cancel) a court order or verdict. A court order can be “set aside” or “vacated” in order to “cancel” or “undo” it.
Contact Law Office of Stephanie J. Squires Today
Going through a divorce can be difficult. Even after a final divorce decree is made, there may still be instances of needing modification. If you or someone you know has gone through a divorce and needs a modification to the decree, the Law Office of Stephanie J. Squires can help. Contact us today for more information.
