While your marriage has ended and your romantic relationship has come to a close, your divorced relationship may still continue to evolve. For those who have children together or pay alimony, you may still be legally connected to your spouse. While our mediators try to write your settlement agreements to account for common life changes, sometimes you may need a post-divorce modification. It is a common misconception that you need to go to court to receive a modification of your marital settlement agreement. In fact, you never have to step foot inside a courtroom when you use mediation.
Modifications of Parenting Plans
You and your spouse don’t have to agree on the new plan 100% when you schedule mediation. As long as each party agrees to participate in mediation to establish a mutually beneficial arrangement, you don’t have to litigate a modification. For most clients, one or two sessions are all that is needed to discuss the new parenting plan. The San Diego family mediators at SDFMC will draft your new parenting plan with you and assist you in filing it with the court. Once filed, the modification will become the new court order.
When Do I Need a Modification?
Circumstances in your case may change as you and your ex-spouse lead your own individual lives. Your children grow, and their needs may change. The most common reasons for modification include:
- Change in income
- Change in custody time
- Change in spousal income
- Change in spouse’s habitation or marital status
- Moving requests
If you have a question about whether you should modify your agreement, contact SDFMC today to schedule a meeting with our mediators.
High Conflict Modifications
If you and your spouse don’t agree on the modification, and you need assistance in completing the paperwork for court, we can assist you. We can help you draft your Order to Show Cause to request whatever you wish to request from the court. Please note, we are not attorneys so we cannot represent you in court. However, we are happy to refer you to a trusted an experienced family law attorney to help handle your case.
If you and your ex-spouse are long distance parents, we can also accomplish mediation, or negotiation via telephone and email if necessary. Contact us today for more details.