Do I need to file a motion to modify my divorce order?

On Behalf of | Nov 14, 2023 | Alimony, Child Custody, Child Support, Divorce |

It is typical to modify a divorce decree or order if appropriate, depending on the circumstances. However, most adjustments will require you to file a motion with the court that provided your initial divorce order. It might also be necessary when making other requests concerning your divorce.

Filing a motion is a standard process for most modifications, including the following:

  • Making alimony or child support adjustments
  • Changing your current child custody arrangement
  • Asking to adjust visitation and parenting time
  • Determining a child’s emancipation, potentially impacting child support responsibilities
  • Requesting reimbursements for eligible expenses
  • Notifying the court of the other party’s noncompliance with the initial order

Other issues could also require a motion based on the situation, such as changing the case’s venue or reinstating a divorce complaint.

How to file a motion

Filing a motion to modify a divorce order can be a straightforward process. First, you must compile and fill out the necessary forms. The court often packages these documents as a kit, which should be easily accessible. Once done, you can choose a motion date.

Then, you can prepare the documents, redacting any personal information on copies meant for submission to the court. After paying the filing fee, you can upload the files to the court’s system and send copies of the paperwork to your former spouse.

What can happen after filing the motion?

Depending on the circumstances, your former spouse can respond to your motion. If that happens, you should file a cross-motion before your court hearing. The outcome of your modification depends significantly on the judge, who will hear the case and review relevant documents. This process might not guarantee a favorable outcome, but adequate preparation can help you address any issues that might arise.