Modifying a Divorce Decree

Getting divorced can be stressful, especially if you have a contested divorce. Once you've received your final divorce decree or judgment, you may breathe a sigh of relief and hope the legal entanglements with your ex are over. Often, however, former spouses want to change or amend their divorce decree—known as a modification. Whether and how they can do that will depend on the divorce laws in their state as well as their particular circumstances.

When Can You Change a Divorce Decree?

The rules for modifying divorce decrees may vary from state to state. As a general rule, however, you'll need to prove there's been a substantial change in circumstances since your divorce—or since a particular order related to the divorce was issued, such as a previous order modifying child support or custody.

Unlike appeals or requests to reopen or set aside divorce judgments (more on those below), there's usually no deadline for requesting a modification of an order in your divorce decree. But if the changed circumstances happened long ago, you'll probably have a harder time convincing a judge that a modification is necessary.

What Can Be Changed in Your Divorce Decree?

Along with the differences across states, the requirements for modifications of divorce decrees vary depending on the issue involved.

Child Support

Child support orders are one of the most common parts of divorce decrees that parents may want to change. All states have child support guidelines for calculating support, based primarily on parental income—and all states allow modifications of existing child support orders (although the specific requirements will vary).

If you want to change the amount you're paying or receiving, you'll generally need to prove that there's been a substantial, ongoing change of circumstances since the existing child support order was issued. Usually, the changed circumstances relate to a parent's reduced or increased income, but they might also stem from changes in parenting arrangements or a child's needs.

Even if you don't meet the changed-circumstances requirement, states typically allow an exception when you're requesting a periodic review of your existing order from the state's child support enforcement agency. If the review shows that the support amount should be different based on your current financial circumstances, the agencies in some states may handle the modification request in court on your behalf.

Learn more about how child support works in your state.

Child Custody

Divorced parents also frequently want to change their existing child custody orders, such as when a parent wants to move far away with the child. In addition to showing that there's been a substantial change in circumstances, the parent who's requesting a modification usually must also demonstrate that a different parenting arrangement would be in the child's best interests.

Learn more about child custody laws in your state, including the requirements for modifying custody orders.

Alimony

You may or may not be able to request a modification of alimony (also called spousal support or maintenance), depending on state law, the type of alimony you're paying or receiving, and whether the judge kept the legal authority to rule on the issue in the future (known as a "reservation of jurisdiction").

Some types of spousal support are only for a limited time following the divorce—or might even be in the form of a lump sum that's paid soon after the divorce is final. Judges might not have the legal authority to modify those alimony types. For example, Florida law doesn't allow modifications of "bridge-the-gap alimony," which lasts no longer than two years. (Fla. Stat. § 61.08(6) (2024).)

Usually, however, former spouses may request a modification of longer-term periodic alimony payments, as long as they can show that there's been a significant and unforeseen change in circumstances. For instance, the spouse who's paying alimony may have suffered an involuntary job loss or other financial setback. With the type of spousal support often called "rehabilitative" alimony, the paying spouse might argue that the payments should end because the supported spouse hasn't been taking the required steps to become self-supporting (such as finishing a training program or looking for gainful employment). Or supported spouses may ask to have the payments continued longer, because of setbacks in their education or work search that they couldn't control.

After long-term marriages when the dependent spouses aren't ever likely to be able to support themselves—for instance, because of their age or medical condition—judges typically reserve jurisdiction to make changes in the alimony orders when that's called for.

Learn more about alimony laws in your state.

Property Division

As a general rule, you won't be able to request a modification of the property division in your divorce after the court issues your final decree. In some circumstances, however, you may appeal the divorce judgment or ask the court to reopen or set aside the decree (more on that below).

What's the Procedure for Modifying a Divorce Decree?

There are several steps involved in requests to modify any part of a divorce decree, from filing a motion to a court hearing.

Modification Motions

To start the process, you'll need to file a written modification request (usually called a motion or petition). The forms and rules for these requests will vary from state to state—and sometimes from county to county. You can often find the forms and other information online (typically on a website maintained by the court system in your state), or you can check with your local court clerk's office.

After you file the modification motion, you'll need to serve your former spouse with the paperwork. Your ex can then file a response to your motion.

Discovery in Modification Proceedings

Just as in the original divorce proceedings, you and your ex (or your lawyers) may be able to seek relevant information from each other—and sometimes from outside experts or witnesses—before a judge rules on a modification motion. The process (known as "discovery") can include:

• depositions of a former spouse or relevant witnesses (including expert witnesses)
• requests to answer written questions (known as "interrogatories"), and
• demands to inspect or get copies of documents or other evidence.

If your ex ignores or balks at any of your discovery requests, you may have to file a separate motion (known as a "motion to compel discovery") to get a court order requiring a response.

In proceedings to modify child custody, the judge may appoint an expert to conduct a custody evaluation and submit a report. Either parent may also request an evaluation or hire their own evaluator.

Modification Hearings

When you're ready for a judge to rule on your modification motion, you can ask the court to schedule a hearing. Depending on court backlogs, it could take a while before the hearing takes place.

At the hearing, you and your ex will have the opportunity to present evidence supporting or opposing the modification request. After reviewing the evidence, the judge will issue an order granting or denying the modification.

Can You and Your Ex Agree to Amend Your Divorce Decree?

You and your spouse can usually agree to modify parts of your divorce decree—unless your original divorce settlement agreement included a prohibition on future modifications of certain issues. For example, a couple's agreement may state that the spousal support provisions are "nonmodifiable."

If you're having trouble agreeing on a modification, mediation might help you overcome the obstacles and find solutions that both of you can live with. There are pros and cons to mediation, but if it works, it will be much less expensive and stressful than a long legal fight.

Whether you reach an agreement on your own or with the help of a mediator or a lawyer, you'll need to submit the agreement to the court along with a modification motion. Judges usually approve these agreements, but they'll scrutinize them more closely when they involve a child's best interests—especially if parents have agreed to modified child support payments that are lower than the state's guidelines.

How Much Does It Cost to Modify a Divorce Decree?

As with the cost of divorce, the cost of modifying a divorce degree will depend on the answer to several questions, including:

• What are the court fees in your state for filing a modification motion? These fees can vary widely from state to state. If you need to file other motions during the proceedings—such as a motion to compel discovery—you'll have to pay extra (usually smaller) fees for those.
• Can you and your ex agree on a modification? And if so, how soon in the process? Will you need the help of a mediator or lawyers to negotiate an agreement?
• Will you need to hire a lawyer to represent you (more on that below)? If so, how much will the lawyer charge per hour, and how much time will it take to resolve your dispute?

Without knowing the answer to all of these questions, it's impossible to say how much a modification will cost. But it's safe to say that it will be much less expensive if you can reach an agreement sooner rather than later.

Getting Help With Modification Requests

Unless you and your ex have agreed to modify your divorce decree—or unless a state agency is handling a request to modify child support—you should know that modification proceedings can be complicated. It takes detailed knowledge of state laws and court rules on evidence and procedures to navigate the discovery process.

If you expect a court battle over a modification request, you should speak with an experienced, local family law attorney who can evaluate your situation, gather the kind of evidence you'll need, negotiate effectively with your ex's lawyer, and represent you in court if it comes to that.