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Circumstances that affect divorce modification in New York

On Behalf of | Nov 20, 2023 | Divorce

The modification of divorce agreements allows individuals to make changes to the terms and conditions of their divorce settlement. Life circumstances can evolve and modifications may be necessary to ensure that the agreement remains fair for both parties involved.

It is important to note that the court does not automatically grant all modifications. The party seeking the modification must show a significant and unforeseen change in circumstances that justifies the requested changes.

Financial circumstances

Every year 2.2 out of 1,000 people get a divorce in New York. Over time, some may need to seek modification of their divorce decree due to a change in financial circumstances. This could include an increase or decrease in income, job loss or unexpected financial burdens. If one party experiences a substantial change in their financial situation, they may petition the court to adjust aspects of the divorce agreement. This might include spousal support or child support payments.

Child custody

Child custody arrangements are another aspect that may be subject to modification. As children grow older, their needs and preferences may change. Factors such as relocation, health issues or changes in work schedules may impact a parent’s ability to fulfill their custodial responsibilities. In such cases, a might request a modification of the custody arrangement to better align with the best interests of the children.

Agreement between parties

Collaboration and communication between the parties involved can also be important in the modification process. If both parties agree to the proposed changes, they can submit a stipulation to the court for approval which will streamline the process. If there is disagreement, the court will decide based on the evidence presented.

Mediation can expedite the modification process. Instead of waiting for a court date and enduring a potentially lengthy legal battle, mediation allows parties to address issues more promptly. While mediated agreements still require court approval, judges often look favorably upon resolutions reached through mediation.

In all circumstances, a New York court will carefully review the situation and consider whether the proposed modifications are fair and reasonable.