What is the process for modifying a divorce decree in New York?

Modifying a divorce decree in New York can be a complex process, but it’s essential to know that changing certain aspects of your divorce agreement is possible. The most common reasons for modifying a divorce decree include changes in circumstances, such as a change in employment or income or a change in the needs of the children.

The first step in modifying a divorce decree is to file a motion with the court. This motion should explain why you are seeking to change the decree and should include any relevant documentation, such as pay stubs or proof of a change in the children’s needs.

Once the motion is filed, the court will schedule a hearing, which both parties must attend. At the hearing, both parties will have the opportunity to present evidence and argue their case. The court will then decide based on the evidence presented and the children’s best interests.

It’s important to note that not all aspects of a divorce decree can be modified. For example, the court will not generally modify a child custody agreement if it is determined to be in the children’s best interests. Additionally, the court will not modify property division agreements if they were fair and equitable at the time of the divorce.

Knowing specific time limits for modifying a divorce decree is also essential. In New York, you can only file a motion to modify a divorce decree within certain time limits. For example, could you suppose you want to modify a child support order? In that case, you must do so within five years of the original order or within two years of a significant change in circumstances that affects the amount of child support.

I’d appreciate it if you could seek legal advice before filing a motion to modify your divorce decree. An experienced attorney can help you navigate the process and increase the chances of a successful outcome.

Modifying a divorce decree can be complex, but it’s essential to know that it is possible in certain circumstances. As the first step, you will need to file a motion with the court, and both parties must attend the hearing, where the court will decide based on the evidence presented and the children’s best interests. Looking for legal advice before filing a motion and being aware of the time limits that apply to your specific case is important.