Divorce Modification With Partial Claim In Florida
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FAQ
If significant circumstances have changed since your divorce, you can file a petition for modifying its terms.
Yes, you can amend a marital settlement, with both parties agreeing.
In Florida, parents can, in almost every circumstance, modify their parenting plan by agreement. However, you should always speak with an attorney before making any changes to your parenting plan. Further, all modifications should be in writing, signed by both parties, and filed with the court.
This packet is used when you are asking the Court to change a current Court Order regarding parental responsibility, time-sharing, a parenting plan or other issues. You would file the Supplemental Petition in the same court case file as the current order.
The new law establishes a rebuttable presumption that equal timesharing (50/50 custody) is in the best interest of the child. Unless compelling reasons exist, courts will lean toward equal parenting time.
Contrary to some misconceptions, there is no “7 year divorce rule” in Florida. The state allows for divorce under two conditions: – The marriage is irretrievably broken. – One of the spouses has been mentally incapacitated for at least three years.
There is one item that can be modifiable but is not always: maintenance (also known as spousal support or alimony). Your judgment can include one of two types of maintenance: Non-Modifiable Term Maintenance – This is maintenance for a set period of a time (for example: for 18 months following the divorce).
A divorce decree could be invalid if a judge's decisions were based on incorrect information or if the judge made errors affecting the outcome. If one party concealed assets or debts from the other, that could be grounds for appeal or modification.
Parenting time and child support, which are also part of a final decree, may also be modifiable. At the time a divorce is finalized by court order, so are visitation and custody agreements.
Amending Your Divorce Decree via a Change of Circumstances If one party undergoes a material or other substantial change in their life situation, they may be able to seek a modification of the original divorce decree. The party must have a significant change in these cases.
