When you initially get a divorce you will have an attorney draw up an agreement that you both can sign. This agreement will be very important in determining how you spend your time with your children, your money, and divide the estate. However, over time this agreement many not fit your needs anymore. Here are some reasons that people amend the agreement.
1. One Spouse Should No Longer Be Receiving Alimony
In some cases, one spouse is ordered to pay a certain amount of alimony each month to the spouse to help care for their expenses. This is generally done to give the other spouse time to get on their feet, and find some way to care for themselves. However, in some cases the other spouse doesn't take the necessary steps to care for themselves. Consider a man who makes a good living and is order to pay his ex-wife $5,000 a month. The wife feels no need to work, because she is getting a good payout, so while he works and pays the alimony, she joins clubs, shops, and vacations without having to work. This is frowned upon by judges and if it were brought to their attention that the wife is making no efforts to support herself, could risk losing the alimony completely.
2. The Children Have Grown and Custody Needs To Change
In some cases the children can have a say in their custody arrangement. When the children are young, the judge will determine the custody arrangement so that the child's needs are met. However, as the children age they have more of a say in where they live. If the child wants to spend more time with one parent, or live at one house compared to the other. The parents can petition for a change in the custody agreement. This change will also affect child support.
3. One Spouse Is Getting Remarried
Lastly, if one of the spouses is getting remarried it can change the custody agreement. For instance, if the spouse is receiving alimony, they will have to give that up when they get remarried. In addition, if they plan to move out of state, this could affect the custody agreement. This is why it is important to talk to an attorney before you remarry to make sure that you understand the legal changes that will happen.
By understanding these things you can know when it is time to talk to a lawyer, such as Craig H. Lane, PC, about changes to your divorce agreement.