San Bernardino Divorce Modifications Lawyer

San Bernardino Divorce Modifications Attorney

While a divorce is always final, there are times when it is necessary to modify the terms of the divorce decree. Clients who have experienced significant changes to their income and other aspects of their lives may need courts to revise court orders to reflect those changes. You can seek modifications with the help of our skilled San Bernardino divorce modifications lawyer.

At the Law Offices of Michelanne Hrubic, our experienced San Bernardino family law attorney understands that life situations change. We have helped many clients successfully petition the courts to modify their child support, spousal support, and other areas covered through their divorce decree.

Why Trust the Law Offices of Michelanne Hrubic

At the Law Offices of Michelanne Hrubic, our attorney is deeply committed to guiding clients through difficult and stressful legal challenges, including divorce modifications. If you have already gone through a divorce but now face the need to modify certain terms of the agreement — whether due to changes in income, child custody needs, or other life circumstances — we are here to assist you every step of the way. As experienced divorce attorneys, we understand the complexities of modifying divorce agreements and will work to ensure that any changes reflect your current situation and best interests.

We understand that post-divorce modifications can be complex and overwhelming, which is why we make it our mission to stand by your side and protect your interests. No one should have to navigate these legal matters alone. As experienced family law and domestic violence lawyers, we are dedicated to helping you through the challenges of modifying spousal support, child custody, or other divorce-related matters.

Our attorney takes the time to explain the intricacies of divorce modification law in plain language, offering clear options so you can make informed decisions about the right course of action for your future.

Reasons You May Seek a Divorce Modification

One common reason someone may seek a modification to their court order following a divorce is to modify the child custody agreement. One parent may move farther away, making maintaining the parenting plan untenable.

In cases where one parent fails to exercise their visitation rights or engages in criminal activity or drug use, the other parent may seek to limit their child’s time with that parent. When one parent is not awarded adequate visitation rights, they can ask the courts to expand their visitation access to their children. Ultimately, it is up to the judge to decide whether a modification is warranted.

Child support is another area that can be modified following a divorce. Many divorce decrees include orders for one parent to pay child support to the other parent. When the parent who is ordered to pay suffers an illness or injury, they can petition the court to modify the child support order to reflect the new lowered earning capacity.

A person may seek modification of a spousal support order due to significant life changes. Common reasons include job loss, a substantial decrease in income, or retirement, making it difficult to continue paying the original amount. If you find yourself in a situation where a modification is necessary, it’s crucial to consult with an experienced attorney to guide you through the process. Additionally, if you are going through a divorce, the timeline can vary depending on the complexity of the case. On average, an uncontested divorce in California can take around 6 months, which is the minimum waiting period required by state law. However, if the divorce is contested or involves complicated issues like property division or child custody, it may take longer.

If the receiving spouse’s financial situation improves, the paying party may request a reduction. Other reasons may include the receiving spouse’s remarriage or cohabitation. Any of these changes can warrant a reassessment of the spousal support agreement.

Reasons Why Seeking a Modification Without Legal Help Can Be Difficult

Successfully petitioning the court to modify your divorce decree can be more difficult than you think. You will need to present evidence and make arguments that the modification serves the interests of the parties involved and better reflects the changing living situation of one or both former spouses.

Having an attorney can greatly improve the chances that you are successful as you pursue changes to the court order. From filing the initial motions to starting the process to gathering the needed evidence to be presented in court, your family law attorney can help you navigate the court order modification process.

Once the hearing is set, your attorney can update you on what to expect during the hearing. You may or may not need to speak in court. In some cases, your testimony may be needed to convince the court that a modification is necessary. Your lawyer can prepare you for that eventuality by prepping you on what types of questions you may be asked under oath.

FAQs

Can You Modify a Divorce Decree in California?

Yes, a divorce decree can be modified in California if circumstances change significantly. Common modifications involve child custody, child support, spousal support, or visitation. To modify the decree, one must file a formal request with the court and demonstrate a valid reason for the change. Your attorney can be a valuable resource when it comes to filing the correct motions and representing you during the hearings.

When Can Spousal Support Be Modified in California?

Spousal support in California can be modified if there is a significant change in circumstances, such as a change in income, job loss, remarriage, or retirement. Either party can request a modification, but they must demonstrate to the court that the changes warrant an adjustment to the support order.

What Is the Most Common Reason Someone Seeks a Divorce Modification?

The most common reason someone seeks a divorce modification in San Bernardino is a significant change in financial circumstances, such as job loss, income increase, or a change in either party’s financial needs. This often leads to requests for adjustments to child support, spousal support, or custody arrangements. If you are facing a major life change that impacts your divorce terms, consulting with a skilled attorney can help you navigate the process and ensure that any modifications are fair and in accordance with California law.

Is It Hard to Get a Divorce Modification in California?

Obtaining a divorce modification in California can be challenging, depending on the circumstances. You must demonstrate a significant change in circumstances since the original order, such as financial changes, relocation, or altered needs of a child. Modifications are typically easier to obtain if both parties agree, but contested cases require stronger evidence.

Schedule Your San Bernardino Divorce Modification Consultation Today

Whether you are seeking a divorce modification to request more time with your children or to modify the amount of money you pay or receive for spousal or child support, the Law Offices of Michelanne Hrubic can represent you in court.

Requesting a modification can be challenging. The courts will want to see that there has been a substantial change to your earnings or financial situation, such as a job loss, promotion, or significant medical expenses.

To succeed in modifying a divorce decree, you’ll need to provide clear evidence that the changes are substantial and justify the requested adjustment. To schedule your divorce modification consultation, contact our office today.