Yes, you can amend a marital settlement, with both parties agreeing.
Sometimes, a no-fault divorce can take away from the psychological healing that can occur when filing an at-fault divorce. If you are the non-filing spouse, you may feel that you were not heard throughout the marriage and cannot voice the reasons for the failure of the marriage to anyone.
No-fault divorces in Pennsylvania always require a waiting period, and a divorce decree will not be granted until the waiting period ends. If both parties agree and consent to the divorce, the waiting period is only 90 days. Once the 90 days are up, the parties will be granted a divorce.
However, the Pennsylvania court system is aware that family circumstances can change over time. Because of this, modifications can be made to a settlement agreement after it is finalized. This is so that it may accommodate any significant changes in the family's life.
The court considers multiple factors to determine alimony in a no-fault divorce state. These factors include the length of the marriage, each spouse's income and earning capacity, and the lifestyle enjoyed during the marriage. These factors help in creating a balanced alimony agreement.
The main difference between fault-based and no-fault divorce is that in a fault-based divorce, one of the spouses claims that something the other did caused the marriage to fall apart. In a no-fault divorce, on the other hand, neither spouse needs to allege a bad act on the part of the other.
After a one-year separation. You can also obtain a no-fault divorce if you can prove that you have lived apart from your spouse for at least one year, the marriage is irretrievably broken, and the other party or the court cannot deny the claims that you live apart.
There are a few steps in seeking a court order: You must use the proper form in the same court of jurisdiction as your original custody agreement. You must attach a written list of proposed modifications. You must show how these modifications are best for your child's health and welfare.
A divorce agreement can only be modified if there has been a substantial change, referred to as a material change in circumstance. When an alteration is being sought, the burden of proof lies with the party seeking the modification. First, they must prove that a change in circumstance has occurred.