Can I Reopen My Florida Divorce Case?

Posted on : December 21, 2018
Naples Family and Divorce Lawyer Kevyn Noonan Hayes

Reopening Florida Divorce Cases: What You Need To Know

Many of the issues handled in your divorce decree are final unless there’s a strong reason to modify the orders. Circumstances must have changed in order to show the court that you need to change the original divorce orders.

Divorce enables couples to move on with clear guidelines about child custody, the division of property and more. However, the state of Florida also recognizes that the conditions that applied at the conclusion of the divorce may not be applicable over the course of time, which allows either involved party to initiate a divorce modification.

Divorce Related Matters

Divorce related matters like child support, child custody, and spousal support can usually be modified through the court if the change in circumstances is substantial. It is up to you to provide the necessary evidence indicating that your change in circumstances is substantial. You must complete and file a petition and cover sheet in order to request a modification. The petition will indicate which aspect of your divorce needs to be modified and an explanation of why the current circumstances require a new order.

To modify an order associated with child custody, spousal support or child support, a party has to indicate that a change in circumstances has happened. Changes can include changes in the need of the child or sudden loss of an income by the parents when it comes to child support.

For spousal support, the law requires that the change in circumstances be unanticipated at the time of divorce as well as substantial. Significant increases in income by the receiving spouse after getting a degree, for example, can be substantial but would only lead to Florida divorce modifications if this was not considered at the time the original order was made. Scheduling a consultation directly with your experienced divorce attorney is instrumental in giving you the necessary paperwork in expectations when requesting a modification so as to avoid many of the most common challenges and pitfalls.

 

Posted in : Kevyn Noonan Hayes, P.A.

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