Though each state and county has different procedures for how you go about changing the terms of your divorce agreement, it generally requires either coming to a new agreement with your spouse or asking the court to change the divorce decree itself, or both. It is always easier to change a divorce agreement if both you and your spouse agree to the changes, but you may still have to convince the court to agree to the new terms.
Step 1
Talk to your lawyer. The process of changing a divorce agreement differs depending on where you are in the divorce process and what kinds of changes you want to make. Talk to your lawyer and ask what options you have in making the desired change.
Step 2
Negotiate new terms. As long as the judge has yet to issue a final decree in your divorce, you and your spouse can negotiate new terms. Make sure you put your agreements in writing and ask the court to make them part of the divorce decree.
Step 3
Research the legal requirements. If the judge has already granted a divorce, you can only change certain parts of it if circumstances warrant. For example, you can change alimony payments if you can show a significant change in circumstances, but you generally cannot modify property settlements. Find out what the law in your state requires for the kind of change you desire.
Step 4
File a motion for a divorce modification. Just like your divorce, a judge must rule on your motion, and you start this process by filing a request with the court, called a motion or a petition. Call the civil court clerk in the county where your divorce was granted and ask what you need to file a motion for modification of a divorce decree.
Step 5
Attend the hearing and ask the judge to change the divorce terms. You'll have to be able to show to the judge that you both experienced a significant change in circumstances, and that the modification you want is justified by that change in circumstances. Even if you and your spouse come to an informal agreement, it is not official or enforceable until the judge modifies the divorce decree.
Tips and Warnings
- In some cases, you can also file an appeal if you think the court made a mistake. Contact a lawyer to discuss your appellate options in your case.
