How to Amend Divorce Agreement

28 Mar How to Amend Divorce Agreement

Divorce can be a difficult and emotional process, and it is not uncommon for couples to make mistakes in their divorce agreement. Perhaps there were changes in circumstances that were not accounted for at the time, or maybe one party simply wants to renegotiate certain terms. Whatever the reason, it is possible to amend a divorce agreement, but it is important to follow the correct procedures to ensure that the changes are legally binding.

Here are the steps to take when amending a divorce agreement:

1. Review the terms of your existing agreement

Before making any changes, it is important to review the terms of your existing agreement to see which provisions you want to amend. Make a list of the changes you want to make and discuss them with your ex-spouse, if possible.

2. Consult with an attorney

It is highly recommended that you consult with an experienced family law attorney to guide you through the process of amending a divorce agreement. They can help ensure that your proposed changes are legally sound and can advise you on the best way to proceed.

3. Draft a proposed amendment

Once you have a clear understanding of the changes you want to make and have consulted with an attorney, it is time to draft a proposed amendment to your existing agreement. Be sure to include all necessary information, such as the names of the parties, the date of the original agreement, and the specific changes you are proposing.

4. Obtain your ex-spouse`s consent

In most cases, both parties must agree to the proposed changes before the amendment can be submitted to the court. If your ex-spouse agrees to the changes, they will need to sign the amendment in front of a notary public.

5. File the amendment with the court

Once the amendment has been signed by both parties, it must be filed with the court. This typically involves submitting a copy of the original divorce agreement, along with the signed amendment, to the clerk`s office. Be sure to follow all procedural rules and guidelines for filing documents with the court.

6. Attend a hearing (if necessary)

Depending on the specific changes being made to the agreement, a hearing may be required before a judge will approve the amendment. This is especially true if the changes are significant or if they affect matters such as child custody or support.

In conclusion, amending a divorce agreement is possible, but it is important to follow the correct legal procedures and work with an experienced family law attorney to ensure that the changes are binding and enforceable. By carefully reviewing your existing agreement, drafting a clear and comprehensive amendment, obtaining your ex-spouse`s consent, filing the amendment with the court, and attending any necessary hearings, you can make changes to your divorce agreement that better reflect your current circumstances.