Changing the Terms of Your California Divorce Decree (2024)

In most divorce cases, the final divorce decree will not reflect all the desires of either party. Ultimately, both sides will most likely come out of the tiring process with some misgivings or disappointment over how the judge decided certain issues would go. You might think that, once this final judgment is passed, there is nothing you can do to rectify any issues. However, you and your attorney can look into changing the terms of your California divorce decree in the future.

In California, the divorce process can be complicated and bring up many feelings of anger, grief, and uncertainty. You may also feel as if the final judgment handed down by the courts is not fair and does not reflect your desires. The attorneys at Tierney Law Group are here to help. If you wish to file a change to the terms of your California divorce decree, we can review your case and determine your chances for a successful decree modification.

These situations are difficult and emotionally challenging. The team at Tierney Law Group is here to offer you a trustworthy advocate during this time.

Understanding a California Divorce Decree

When you get divorced in California, your divorce decree will either contain terms that you and your spouse have agreed on or the decisions made by the judge. This document acts as a final judgment, and you and your ex-spouse must obey the terms written within it. This decree will establish specific requirements and court orders on common divorce-related issues, such as the following:

• Child custody
• Child visitation rights
• Child support arrangements
• Spousal support/maintenance frequency and amounts
• The division of any shared property, assets, and debts

Besides these orders, the judge may include other details or terms if you and your ex-spouse request them. These may include the following:

• Your name, your ex-spouse’s name, and the names of any other involved parties
• Whether the divorce was contested or uncontested
• A determination on how the attorney fees will be handled

If the divorce is uncontested, meaning you and your now ex-spouse agreed on everything without needing a judge’s intervention, it will contain a copy of your settlement agreement. If the divorce is contested, whereby you and your now ex-spouse could not agree and had to go before a judge, it will include the judge’s decision on various matters regarding your divorce.

How to Modify a Divorce Agreement in California

Individuals across California can seek modifications to their final divorce decrees. Typically, these modifications involve the issues of child custody, child support, spousal support, or property division. If you wish to modify or change any terms of your California divorce decree, you should only proceed with the help of an attorney, as these can be complicated issues.

Typically, a modification is only considered by the court system if there has been a significant change in your life circumstances, that of your ex-spouse, or that of your child. These changes can include the following:

• One or both of the ex-spouses have gained or lost employment, which has made a significant change in their income.
• Either or both of the ex-spouses have gained or lost another source of income.
• A child is diagnosed with a physical or mental health issue and needs extra support in caring for their special needs.
• Hidden assets were discovered after the divorce was finalized.
• There was an error when assessing the value of the community property involved in the divorce.
• One or both of the parents chose to relocate.
• A parent is convicted of a crime, especially crimes of abuse, drug use, or domestic violence.
• One of the parents suffers from a new health condition.
• One of the ex-spouses remarries.
• One of the ex-spouses is found to be in contempt of court.

FAQs

Q: How Can an Attorney Help With a Change to a Divorce Decree?

A: When you hire an attorney to assist you with a change to the terms of your divorce decree, they can help you by taking several actions, such as:

• Review all existing documents that pertain to your divorce.
• Assess the case and your chances of success.
• Offer legal advice on how to go about filing for a modification.
• Guide you through the overall process.
• Draft the necessary paperwork.
• Protect your needs through counsel and representation.

Q: How Long Can It Take to Seek a Modification to a Divorce Decree?

A: While there is no statute of limitations on divorce decree modifications, meaning that you can seek one at any time, the processes involved can be costly and time-consuming. Depending on the nature of the issue you are seeking to modify and your ex-spouse’s cooperation and willingness to compromise, this process can take several months or even years to settle.

Q: What Forms Do I Need to Modify Spousal Support in California?

A: When you decide to file for the modification of a spousal support agreement in California, there are several forms you will need to file with your request. You will primarily need to fill out and file:

• A Request for Order
• An Income and Expense Declaration
• A Spousal or Domestic Partner Support Declaration Attachment

Q: How Much Can It Cost to Modify a Divorce Decree in California?

A: In California, the cost to modify a divorce decree can vary widely, depending on the situation. However, several factors will impact this cost and cause it to go up or down. These can include:

• The nature of the modification you are seeking
• Your attorney’s fees
• Court fees to file a motion for modification
• Any mediation or negotiation expenses
• Any other expenses that may occur during the proceedings

Contact Tierney Law Group

If you have suffered a major life change and wish to seek a modification to the terms of your California divorce decree, you should do so only with the assistance of an experienced family law attorney. The team at Tierney Law Group has over 20 years of experience in navigating all the issues often involved in divorce cases and decrees, so we know how to help clients file modifications and navigate the process successfully.

Contact Tierney Law Group today to schedule a consultation and learn how we can assist you during these complicated legal proceedings.