In California, changing a divorce judgment after it is finalized is possible, and it doesn’t always have to be a complex process. The courts recognize the importance of adapting to unforeseen developments that may impact the fairness and appropriateness of the original divorce settlement.
A modification could be to change the amount of spousal support to be paid or even the termination of spousal support. Sometimes the parties might want to change how pension benefits or other assets will be handled.
One common reason for a modification is due to a significant change in circumstances that affects the best interest of the minor children involved. Such changes can include child support based on a substantial change in income, job loss, or a change in physical custody or visitation schedules.
If the parties are in agreement to modify the judgment, they can do it without a court hearing. The agreement is drafted meeting court requirements and signed by the judge.
If the parties are not in agreement, the requesting party typically needs to file a formal request with the court and notify the other party. The court will then review the request at a hearing to decide if there is enough evidence to modify the judgment.
It’s crucial for individuals seeking a modification to consult with an experienced family law attorney first if they’re not certain of their rights and the legal requirements.