Modification FAQ's

1. Is there a process for changing parts of my divorce decree?

Yes. Certain aspects of your decree, including child custody, child support and periodic alimony may be changed under certain circumstances. You would need to file a petition to modify the divorce decree with the Court that granted the decree.

2. Under what circumstances can these items be modified?

The Court will want to see a "material change in circumstances" before it will modify the divorce decree. Your lawyer will be able to tell you if the facts of your case meet the necessary burden for a modification. You will have to meet specific burdens to modify your decree, especially regarding custody modifications, so it is best that you discuss your situation with a lawyer.

3. What will it cost to modify the divorce decree?

There will be a filing fee with the Court, and possible costs for hiring a special process server or for certified mail to serve the petition on your ex-spouse. Also, if you hire an attorney, you will have attorney's fees that can range from several hundred to several thousand dollars, depending on the circumstances of your case.

4. Can I represent myself in this process?

Yes, but if there are issues regarding your children or finances, it is always advisable to consult a lawyer before proceeding.