Dear Attorneys,
I recently divorced my wife. We reached an agreement, so we didn’t go to trial. However, now I want to change a couple things in my divorce decree. She seems agreeable to it, but how do I memorialize the changes without going back to court?
Sincerely,
Changing Charlie
Dear Charlie,
It’s great that you and your ex-wife can communicate well enough to discuss these issues! While it is wonderful that you have an agreement, you may want to make it “official” just in case the good will between the two of you isn’t there forever. Technically, the only way to modify a Court Order (which includes Agreements) is to do so through the court. If you know that you have an agreement, you can draft it at the same time as a post-judgment motion to modify. If your ex-wife is in agreement, she can waive service, and you can file the motion to modify with the new agreement (and any necessary supporting documentation) with the court all at once. If you want to avoid court altogether, some people draft an agreement and have it notarized. While that may be accepted as proof of an agreement if she were ever try to file a Motion for Contempt against you, it’s not guaranteed. While we understand that people want to handle these modifications in a quick and cost-effective manner, it often saves people a lot of time and money if they go through the process correctly the first time.
Remember, you don’t have to navigate this challenging situation alone. Seek support from experienced professionals who can guide you through the legal process and help you make informed decisions. Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
