Knowing when a modification of a divorce decree is needed can be a tough thing to figure out. A divorce decree is a final and binding legal document that outlines the rights and obligations of each party in a divorce. This will include asset division, child custody, alimony, and other relevant terms. However, life circumstance tend to change, and sometimes, the terms set forth in a divorce decree need to change too. Understanding when a modification is necessary and how to initiate one is integral for parties seeking to ensure their divorce terms remain fair and practical. This article will detail the things you’ll need as well as the process to get it going. For other legal information you can check out our Tulsa County Lawyers Blog.
Examples of When a Modification is Needed
Many people who go through a divorce will never have to change anything about it. However, circumstances changing will almost always result in a modification of some sort. This is especially prominent in cases where the parties have minor children. Below are some examples of when you might consider filing for a modification of your divorce decree:
- Change in Financial Status: This happens if a party experiences a significant change in financial circumstances. For example, losing a job, a substantial pay cut, or a new job with a significantly higher salary may warrant a modification of alimony or child support.
- Relocation: When one parent plans to move a significant distance away, it can necessitate changes to custody arrangements and visitation schedules. This will help to accommodate the new living situation.
- Changes in Child’s Needs: As children grow, their needs evolve. Changes may be necessary in the custody arrangement or support based on the child’s educational costs, healthcare needs, or other considerations.
- Remarriage: The remarriage of one party can also be a ground for modifying alimony. This is especially the case if the initial determination of spousal support was based on the financial needs of the receiving spouse.
While these are just some instances, it’s important to seek out legal counsel to know your rights and options fully. A family law attorney with experience will be the best person to review your case and get you on the right path.
Initiating a Modification
To start a modification of a divorce decree in Oklahoma, the party seeking the change must file a motion for modification with the court that issued the original divorce decree. This motion should detail the reasons for the request and the change in circumstances since the issuing of the decree. Supporting documents and evidence that demonstrate the change in circumstances will be necessary. It is crucial to file this motion as soon as the change in circumstances becomes apparent, as modifications are generally not retroactive to the date of the change, but to the date of filing the motion.
Once you file a motion to modify the divorce decree, the court will set an initial hearing. This is where you can present your case and reasoning for the modification. Often, the court will review the evidence at hand and issue their decision. However, if another counsel is involved there might be more hoops to jump through. This can involve issuing new discovery for the parties to answer to prove material changes. After material changes have been established, the court will make a decision that alters the decree.
Differences Between a Modification and a Nunc Pro Tunc
Not all changes to your divorce decree need to be a modification. A lot of simple corrections can happen through a nunc pro tunc order. This Latin term means “now for then” and is there to fix clerical errors in the legal record that do not impact the substantive rights of the parties. A nunc pro tunc order retroactively corrects the record to reflect the original intentions, but the documentation was incorrect. This could include fixing typographical errors or recording errors in the decree. The filing of this order must happen within twenty (20) days of the filing of your decree.
However, a modification involves changing the terms of the divorce decree due to altered circumstances or needs. Modifications can affect substantive rights and obligations like custody arrangements, support payments, or property division. This can be based on new evidence or material changes since the original decree. Sometimes what could’ve been a nunc pro tunc can turn into a modification, depending on how long it takes you to file it. A family law attorney is the best person to discuss the benefits of each, and know which one you need.
Tulsa County Divorce Lawyers
When considering a modification of a divorce decree, it’s important to know what you want. Having a clear intention on what you want modified is the first step. Given the complexities involved in modifying a divorce decree, consulting with a family law attorney is imperative to the success of your case. Our team here at Tulsa County Lawyers Group can draft the motion, gather the necessary supporting evidence, and represent your best interests in court. We can help ensure that the whole process adheres to Oklahoma law and that your rights and that we represent your interests throughout the process. For a free and confidential consultation call us at (918) 379-4864, or you can reach us on our Ask A Lawyer feature.
