If you wish to modify your divorce agreement in Ohio, there are certain things you need to be aware of. For instance, changing a divorce agreement may not always be allowed, and if it is, there is a specific legal process you have to go through.
Are you wondering how to go about modifying a divorce agreement in Ohio? If so, check out this article, where we will be discussing when you can modify a divorce agreement and how to go about getting the process started.
Which Parts of a Divorce Agreement Can Be Modified in Ohio?
If you want to request post-divorce modification in Ohio, this may or may not be possible depending on your specific situation. In the majority of scenarios, modifications are possible.
For example, the Ohio court will most likely be open to revising child support, parenting arrangements, or spousal support. This is because these are areas that are very likely to change and adapt over time, requiring these agreements to also change and adapt.
However, the division of property is not usually something that can be changed, as once property has been divided, that is considered to be final. The only instances where this may not be the rule are if one party committed fraud or concealed assets, resulting in an unfair division of property. If you believe this to be the case, you’d have to provide extensive proof showing that modifications are necessary.
Grounds for Modification
If you want to request that your divorce agreement be modified, you must fall into one of the grounds for modification categories. These are legal grounds for modification that the court considers to be necessary or fair to both parties and any involved children.
Here are the most common grounds for modification that the Ohio courts will usually accept:
- Change in income
- Asset alteration
- Retirement
- Relocation of one of the ex-spouses
- Serious health changes in the ex-spouse or child
- Death of an ex-spouse or child
- Remarriage
If you aren’t sure whether or not you meet the grounds for modification, you can consult with a divorce lawyer in Ohio. A lawyer will have experience in this area and can help you better understand whether or not modification is possible.
The Legal Process to Modify a Divorce Agreement
Now that you know when divorce agreement modification is allowed, how do you get this process started? The good news is that the process of requesting a modification is quite straightforward and only involves a few steps:
- File a motion: To begin the process of requesting a modification, you need to file a motion with the court that issued your divorce decree. Provide details of why you are seeking modifications and outline the specific modifications you want.
- Gather evidence: After you file a motion, your ex-spouse will receive notice of this, giving both of you the opportunity to submit evidence supporting your positions. Common types of evidence you should provide include things like medical records, witness testimonies, financial documents, etc. The more evidence you are able to provide, the more likely you are to have your request accepted.
- Present your argument: You will then have the opportunity to go before a judge with your ex-spouse. The judge will hear arguments from both sides, will analyze the evidence, and either accept or deny the modification request. Keep in mind that having your modification request denied does not mean that you can’t file other types of requests later on.
How Courts Evaluate Modification Requests
How Ohio courts decide on modification requests is very dependent on the individual situation. For example, the considerations a judge will take when modifying a child support request is very different from what they will consider with an alimony modification request.
Because of this, it is important that you work with a divorce lawyer who can help you better understand how a judge will look at your specific case. They can help you understand what your chances are of having your modification request accepted and what type of evidence you need to provide.
With that being said, there are a few things the judge will usually look at for most modification requests, such as:
- Is the modification being requested for a valid reason?
- Would the modification be in the best interest of the ex-spouse or child?
- Would the modification create a fair outcome for both spouses or children?
FAQ Section
Can we modify a divorce agreement without going to court?
In some situations, you may be able to modify your divorce agreement without having to go before a judge. This may be possible through mediation or collaborative law where you and your ex-spouse come to an agreement with the help of your lawyers.
How long do I have to wait before requesting a change?
There is no specific amount of time that you have to wait after receiving your divorce decree before you can request a change. Modification is an option allowed anytime there is a significant change in circumstances, no matter the timing.
Can my ex stop the modification?
No, your ex will not have the power to stop any decision the judge has made. However, they will have the opportunity to present their side of the argument in court as well as present evidence. So, if you don’t provide enough evidence or you aren’t requesting a modification for an acceptable reason, it is possible that the judge will side with your ex.
Do I need a lawyer to modify a custody or support order?
Although hiring a lawyer is not legally required, it is strongly advised. Modifying a custody or support order can come with challenges, and it is always best to have an experienced lawyer on your side.
Hire a Family Law Attorney in Ohio
If you want to modify your divorce agreement in Ohio, you will need to understand when this is allowed and the process you will have to go through. Richard P. Arthur, Attorney at Law, has extensive experience handling family law cases and can help you change a custody order in Ohio. To proceed with your case, contact us today at 937-254-3738 for a free consultation.