A divorce agreement outlines the rights and responsibilities of each party during the dissolution of a marriage. Although these terms are legally binding and enforceable, they can be modified after finalization under specific circumstances. Please continue reading as we explore what you should know about these matters and how a determined Suffolk County Divorce Attorney can help you navigate this legal process.
What is a Divorce Agreement?
A divorce agreement, also known as a marital settlement agreement, is a legally binding contract that dictates the terms and conditions agreed upon by spouses who are ending their marriage. Essentially, it serves as a roadmap for the division of assets, debts, and responsibilities, as well as arrangements for alimony, child custody, support, and visitation.
You should note that a spouse can create a divorce agreement through negotiation outside the courtroom. However, it’s important to ensure that the agreement is fair and complies with state laws. Once finalized, the agreement will be signed by both spouses and submitted to the court for approval. If a mutually agreeable settlement cannot be reached, the court will intervene and issue a final decree on all unresolved matters.
Can a Divorce Agreement Be Modified in New York?
While it’s a common misconception that a New York divorce agreement is set in stone, modifications can be made under specific circumstances. The key element to successfully modifying a divorce agreement is demonstrating a significant shift in circumstances since the original agreement was finalized. The court acknowledges that life is unpredictable and that situations can evolve considerably over time. As such, what may have been a fair and reasonable arrangement at the time do ficoe may no longer be appropriate or equitable due to these changed circumstances.
These changes can include a significant increase or decrease in income for either party, job loss, a change in health status, relocation, remarriage, or the birth of a new child. The change must be substantial and not merely a minor inconvenience, as well as not be foreseeable at the time of the original divorce agreement.
Do I Need an Attorney?
If you have ended your marriage but feel like an alteration of the original divorce agreement is necessary, it’s advisable to consult an experienced attorney to explore your rights and options. To seek a modification, you will need to file a motion with the court that issued your original order. You will need to include the reasoning for the change and supporting evidence to prove the substantial change in circumstances. The court will schedule a hearing to review your motion.
At The Law Offices of Susan A. Kassel, P.C., we are prepared to provide guidance on the legal requirements, assist in gathering evidence, and represent your interests in court. Connect with our firm today to schedule a consultation.
