Whether a judge establishes its terms or simply reviews and approves them, the final orders issued at the end of the divorce process are typically considered “final orders.” The spouses have an obligation to uphold the parenting arrangements established in a final custody order, to fulfill financial support orders and to distribute their property according to the final decrees approved by a judge.
In some cases, people may take issue with the terms set and may aspire to adjust or modify the terms established in family court. What aspects of a divorce decree are potentially adjustable?
Property settlements are usually final
Sometimes, people become resentful after a divorce. They believe that they did not receive a fair portion of the marital estate.
Unless they can prove that something egregious occurred, such as a spouse lying on their financial disclosures made to the courts, it is typically not possible to modify or change the final property division order. Spouses have to be diligent about reviewing the situation and protecting themselves to avoid unfavorable terms when dividing the marital estate.
Parenting terms are sometimes adjustable
Judges look at family circumstances to decide what is in the best interests of the children. As family circumstances change, what might be in the best interests of the children can change.
Provided that there’s a significant adjustment in circumstances that alters what is best for the children, a custody modification might be possible. Similarly, the courts can modify the terms of financial support orders in cases where a significant change in circumstances renders the prior order inappropriate.
Those questioning the terms set during a divorce may need help reviewing whether they are eligible for modifications, and that’s okay. Pursuing custody modifications can help parents protect their children, while financial modifications can protect people from hardship as their personal circumstances change.
