Brooklyn Divorce Order Modification
A Brooklyn divorce order modification attorney should be contacted as soon as possible when you believe that an existing divorce order no longer is applicable to your case or needs to be adjusted based on a change in your individual circumstances.
A Brooklyn divorce order modification attorney can be an important asset to you as you move forward with your future and outline a plan to adjust a divorce orders. There are specific situations in which divorce orders can be adjusted and these should only be handled by a knowledgeable attorney who understands the scope involved. In many cases, a divorce will be final.
However, as any divorce order modification attorney in Brooklyn can tell you, spouses may argue over the judgement issued by the court in the immediate aftermath or months or years later. When this occurs and one of the spouses has legal grounds to bring forward in an order modification request, one spouse may appeal the judgement or even request to modify the adjustment.
Modifications and appeals can be completed for divorces that were reached in settlement between the spouses or finalized by the court. Both of the spouses involved in a divorce have legal grounds to appeal the divorce judgment that was handed down by a judge. An appeal is determined at appellate court. It can be very difficult to appeal a divorce judgement and this should only be handled by an attorney who is extremely knowledgeable about the legal and technical issues involved. Typically, the appellate court looks specifically at the record from the original divorce trial and the success of this appeal is always tied to what happened in court the first time around, since no new evidence will be presented in the vast majority of appeals. Many divorce settlement agreements cannot be appealed in court since both of the spouses were present to agree to the terms. Another option for a person who believes that an order is no longer applicable is divorce agreement modification. These issues can include child support, child custody, visitation schedules and spousal support.
The motion to modify an existing court order needs to be filed with the same court in which the divorce was filed and typically this is the same court in which the divorce agreement was issued. When major and continuing circumstances have affected one or both parties involved in the divorce, a motion to modify can be requested. It is the burden of the person who is bringing forward the request to modify an existing divorce order show that significant and continuing circumstances have occurred, such as loss of employment, an arrest, remarriage, change in income or more. Modifications can be completed temporarily or permanently. It can be difficult to adjust to life after a divorce but when continuing circumstances are making things more difficult as related to any of the issues mentioned above, it is the responsibility of one party to request a modification.
Modifications are not automatic as some people would otherwise suspect. For example, the loss of a job does not automatically trigger a reduction in child support or spousal support. It falls to the spouse who needs to request the change to come forward with evidence showing the court that significant and continuing circumstances have already occurred that would prompt someone to modify the order.
When you have the right evidence supporting your arguments, it’s easier for the court to see your reasoning behind the request for a modified order in your divorce case.