Experienced divorce attorneys in San Diego share some common “substantial changes in circumstances” may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.
Gather and present thorough documentation to support your request for modification. Detailed records strengthen your case and demonstrate the necessity of the changes. This includes financial statements, medical records, and any communication relevant to your request.
To modify your parenting plan, you must prove a material change in circumstances. This could be due to living situations, employment, health, or safety concerns. It's important to work with an experienced child custody lawyer who can help you navigate the legal system and present a strong case.
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To win a custody modification case, you must prove to the court that your child's wellbeing will substantially improve if the suggested changes are accepted. The outcome of the case will depend on what the court will consider to be in the child's best interest.
Yes, you can amend a marital settlement, with both parties agreeing.
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.
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.
Fraud or misrepresentation: If one party engages in fraud or misrepresentation during the divorce proceedings, this is grounds for modification. This can include concealing assets, providing false information, or deceiving the court or the other party.