Divorce Modification With Agreement In Kings
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FAQ
You can file for custody prior to the filing for divorce if you are living separate and apart from your wife. You should consult with a family law attorney in your area for assistance with this application.
Yes, you can amend a marital settlement, with both parties agreeing.
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).
Yes, you can amend a marital settlement, with both parties agreeing.
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.
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.
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.
You or your ex-spouse can modify the divorce decree as it pertains to possession or access if the circumstances of your child and / or either party involved have materially changed since the date on which your decree was signed.
New York is an equitable distribution state, which means that each spouse is entitled to a fair share of assets, including real property. In an equitable distribution, assets do not need to be divided 50/50 but in a manner that allows both spouses to share in the marital investments.
A: There is no set amount of time spouses must be married to receive alimony, and there is no amount of time spouses must be married to guarantee alimony. However, the longer a marriage is, the more likely it is that the court will award spousal support.
