Can A Florida Divorce Decree Be Changed?

Divorce can be a challenging and emotional process, especially when it comes to finalizing the terms. In Florida, the divorce decree is the final order that outlines the resolution of issues such as child custody, child support, alimony, and property division. However, life circumstances often change, leading many to wonder if a Florida divorce decree can be modified. The answer depends on the specific circumstances and the aspect of the decree you wish to change. Below, we will explore the legal grounds, procedures, and key considerations for modifying a Florida divorce decree.
What Is a Divorce Decree?
A divorce decree is the court’s final order in a dissolution of marriage case. It formally ends the marriage and specifies the terms agreed upon by the parties or ordered by the court. This document may address:
- Child custody and parenting plans.
- Time-sharing schedules.
- Child support amounts and payment terms.
- Alimony or spousal support.
- Division of marital property and debts.
Once the decree is issued, it becomes legally binding. However, Florida law recognizes that some circumstances warrant changes to the original terms.
Grounds For Modifying a Divorce Decree in Florida
In Florida, modifications to a divorce decree are not granted automatically. The court requires a valid and substantial reason for the change. Florida Statutes §61.13 and §61.14 govern modifications to child custody, child support, and alimony agreements. The grounds for modification differ depending on the type of provision being modified.
Child Custody and Time-Sharing
Under Florida Statutes §61.13, the court may modify a parenting plan or time-sharing schedule if there is a “substantial, material, and unanticipated change in circumstances.” Additionally, the proposed change must be in the best interests of the child. Examples of significant changes might include relocation, a parent’s job loss, or evidence of domestic violence.
Child Support
Child support modifications are governed by Florida Statutes §61.14. A substantial change in the financial circumstances of either parent or the child can justify modifying child support. Examples include:
- A significant increase or decrease in a parent’s income.
- The child’s medical or educational needs changing.
- A parent’s remarriage impacting financial obligations.
Alimony
Alimony agreements may also be modified under Florida Statutes §61.14 if there is a substantial change in circumstances, such as:
- The paying party’s retirement.
- The recipient’s remarriage or entry into a supportive relationship.
- A significant change in either party’s financial status.
How To Modify a Florida Divorce Decree
The process for modifying a divorce decree varies depending on the type of modification sought. Below are the general steps:
- File a Supplemental Petition: The party seeking modification must file a supplemental petition for modification with the court that issued the original decree. This petition must outline the specific changes requested and the reasons for the modification.
- Serve the Other Party: Once the petition is filed, it must be served on the other party following Florida’s legal service rules.
- Respond to the Petition: The other party has the opportunity to file a response to the petition, agreeing or contesting the requested modification.
- Attend Mediation and Court Hearings: The court may require the parties to attend mediation to resolve the matter. If mediation fails, the court will hold hearings or a trial to determine whether the modification is warranted.
- Obtain a Court Order: If the court approves the modification, it will issue an updated order reflecting the changes.
Factors Considered by The Court
When deciding whether to modify a divorce decree, Florida courts consider several factors, including:
- The child’s best interests: This is the paramount consideration for any changes involving custody or time-sharing.
- Financial changes: For child support or alimony, the court will evaluate income changes, unexpected expenses, or changes in employment.
- Compliance with existing orders: A history of failing to comply with the original decree may impact on the court’s decision.
- Substantial evidence: The party seeking modification must present evidence supporting the need for changes, such as financial records, testimony, or documentation of new circumstances.
Limitations On Modifying a Divorce Decree
While Florida law allows for modifications in certain situations, there are limitations:
- Property Division: Division of marital assets and debts is final upon entry of the divorce decree and cannot be modified except under extraordinary circumstances such as fraud.
- Agreed Terms: If both parties voluntarily agreed to specific terms during the divorce, modifying these terms may be more challenging unless a significant change is demonstrated.
- Time Limits: In some cases, there may be deadlines for requesting modifications, particularly for alimony.
When A Temporary Modification May Be Granted
Temporary modifications may be granted under Florida Statutes §61.14 if immediate changes are necessary, such as:
- Emergency situations involving the child’s safety.
- Temporary financial hardship requiring adjusted support payments.
The court will prioritize hearings for temporary modifications, particularly in cases involving potential harm to a child.
Tips For Navigating the Modification Process
If you are considering modifying your Florida divorce decree, here are some practical steps to help ensure a smoother process:
- Consult with a Divorce Attorney: Understanding the legal requirements and procedures is crucial. A divorce attorney can help build a strong case and advocate on your behalf.
- Gather Evidence: Whether financial records, proof of a job loss, or documentation of a child’s needs, having substantial evidence is essential.
- Be Transparent: Fully disclose any changes in your circumstances to the court.
- Prioritize the Child’s Best Interests: If your case involves custody or time-sharing, focus on how the modification will benefit the child.
- Follow Court Orders: Even if you seek a modification, continue complying with the existing decree to avoid potential legal consequences.
Sarasota, Bradenton, and Venice, Florida Divorce Modification Lawyer
Navigating a divorce modification can be complex and emotionally taxing. Having an experienced divorce modification attorney by your side can make a significant difference. At the Law Offices of Matthew Z. Martell, P.A., we understand the unique challenges of modifying divorce decrees in Sarasota, Bradenton, Lakewood Ranch, and Venice, Florida and are committed to protecting your rights and interests.
If you believe your circumstances warrant a change to your divorce decree, contact Law Offices of Matthew Z. Martell, P.A. by calling (941) 556-7020 or contacting us online for a consultation. Let us help you understand your legal options and guide you through the process.