Settlement negotiations in a divorce case can be intense. You’re trying to settle everything all at once and considering offers on custody, parenting time, child support, the marital residence, retirement accounts, bank accounts, spousal support, debts, cars, and then dividing up everything in the house… it can become overwhelming. Plus, it’s virtually impossible to foresee every potential issue that may arise in the future and try to prepare for the next chapter when you’re not even sure what that looks like yet. So, how can you best prepare? We like to start by educating clients about what portions of the settlement agreement are modifiable, and which portions are not modifiable.

Only certain issues of a finalized settlement agreement and divorce decree are subject to modification. The issues of custody, parenting time, and child support are always subject to modification, though there are some legal standards you have to meet before you can seek a modification. Some types of alimony are subject to modification, though some are not.

However, any property or accounts divided during the divorce are not subject to modification (including real estate, bank accounts). In the case where one party wishes to modify a modifiable term of the divorce agreement, they must petition the court for a change. In order for this petition to succeed (unless the other spouse agrees to it), they must be able to meet the legal burden of proof to justify a modification which differs depending upon what you are trying to modify. All modifications actions are slightly complicated because of the legal nuances and the varying burdens of proof. That’s why it is best to retain an experienced family law attorney to help you navigate.

Click here to hear our founder, family law attorney Jarrod Oxendine, with Axel Lowe on 97.1FM The River, discussing how divorce settlements can be amended, as well as other family law issues.

Jarrod appears regularly on Mornings with Axel Lowe to answer family law questions from listeners, so stay tuned for more episodes in the months ahead. If you have any family law needs of your own, contact Oxendine Law at (770) 497-8688 today to schedule a family law consultation in-person, over the phone, or by video conference. Don’t forget to follow along with us on YouTube, Facebook and Instagram for additional family law tips, news, radio segments, and more.