Minneapolis Post-Divorce Modification Attorney
Helping Clients Modify Their Divorce Agreements in Minneapolis County
It is not uncommon for a couple to continue to have disagreements after their
divorce has been finalized. In the event they cannot reach an amicable resolution
on their own, a post-divorce decree modification may be a couple’s
next best option. Post-divorce decree modifications can take place if
circumstances have changed and the terms of the divorce are now unfair,
or do not fit the family’s needs anymore.
You can modify the following orders after a divorce has finalized:
Any property that was divided during the divorce is final and cannot be
modified – except under extraordinary circumstances, such as fraud,
which is under the judge’s discretion.
Are you thinking of modifying your divorce agreement in Minnesota? Call
Mack & Santana Law Offices, P.C. today at
(612) 712-3890 or
contact us online to schedule a meeting with our post-divorce modification attorney in Minneapolis!
Can a Divorce Decree be Changed?
To modify a part of a divorce decree, you must show that there has been
a change of circumstances that renders the current judgment and decree
unjust. In the event of a child custody or parenting time modification,
you would need to show that such a modification would be in the best interests
of the child. Divorce modifications can be complicated, that's why we
recommend working with a trusted modification lawyer throughout the process.
The typical divorce modification process goes as follows:
- Ensure that a change in circumstances has occurred
- Seek the services of an experienced lawyer
- Provide a clear statement on what you would like amended and why
- Complete the legal paperwork
- File the motion paperwork with the court and serve your ex-spouse
- Go to court on your court date
Can a Divorce Decree be Reversed in Minnesota?
In Minnesota, a
divorce decree is a final court order that cannot be reversed. However, in certain circumstances, it may be possible to modify the terms
of the divorce decree if there has been a significant change in circumstances
since the decree was issued.
- For example, if one spouse loses their job or becomes disabled, they may
be able to seek a modification of the decree to reflect the change in
their financial circumstances.
If you wish to modify the terms of your divorce decree, you should consult
with an attorney to discuss your options.
What is a Change of Circumstances in a Divorce Case?
An individual seeking to amend or modify a divorce decree must show a substantial
and continuing change of circumstances. Once a divorce decree has been
issued, it can only be changed in limited circumstances. Some common examples
of circumstances that may justify modifying a divorce decree include:
- A change in the financial circumstances of one or both parties. For example,
if one party experiences a significant increase or decrease in income,
the court may modify the terms of alimony or child support.
- A change in the needs or best interests of a child. If the circumstances
of a child change significantly, the court may modify the terms of child
custody or parenting time.
- A change in the living arrangements of one or both parties. If one party
moves to a different city or state, the court may modify the terms of
child custody or parenting time to reflect the new living arrangements.
- A change in the personal circumstances of one or both parties. If one party
experiences a significant change in health or circumstances, the court
may modify the terms of a divorce decree to reflect these changes.
It is important to note that modifying a divorce decree is not a simple
process, and it typically requires the parties to go back to court and
have the court review and approve any changes. If you are seeking to modify
a divorce decree, it is strongly recommended that you consult with an
experienced family law attorney for advice and representation.
When Will a Judge Modify Child Custody and Parenting Time in Minnesota?
In Minnesota, a judge will not modify physical custody unless doing so
would be in the best interests of the child.
Additionally, even if doing so meet this requirement, courts in the state
cannot order a change of custody unless one of the following occurs:
- Both parents agree to the modification
- Custodial parent consents to the change
- Child’s present environment has put him/her in imminent danger that
could negatively impact the child’s emotional development
To change custody based on endangerment, there must be strong evidence
in favor of this modification. This may include physical, sexual, or emotional
abuse by the custodial parent. Additional evidence may include neglect,
poor discipline, and/or the child’s desire to live with the non-custodial parent.
To change your
parenting time schedule, you will need to show how this change serves to fulfill the
best interests of your child standard.
Under Minnesota law, a judge will consider the following relevant factors:
- Child’s physical, emotional, mental, cultural, spiritual, and other needs
- Reasonable preferences of the child
- Any history of domestic abuse
- History and nature of each parent’s participation in providing for the child
- Willingness and ability of each parent to provide ongoing care for the child
- Effect on the child’s well-being and development of changes to home,
school, and community
The court will also consider any other information and factors it deems
appropriate. A child custody modification lawyer at our Minneapolis family
law firm can show you how to change a custody agreement.
When Can Spousal Support be Modified?
Minnesota courts will allow spousal support payments to be modified if
the circumstances that existed when the order was formed changed, making
the order unfair to one or both parties.
You may be able to modify a spousal support order in the following circumstances:
- New evidence affects your case
- Spouse committed fraud (for example, he/she intentionally hid assets)
- Major life or health change (for example, remarriage)
Contact us Today to Get Started
At Mack & Santana Law Offices, P.C., our modification lawyers have
represented clients in Minneapolis and surrounding areas for over 25 years.
Committed to helping people improve their lives through compassionate
legal counsel, we are here to provide you with the guidance and support
you need as you navigate the post-divorce modification process.
Contact Mack & Santana Law Offices, P.C for help with divorce modifications and to schedule a consultation with
a Minneapolis modification attorney!