Your divorce may be final but as you likely know all too well, life is fluid. Circumstances change and sometimes that means court orders issued during your divorce may need to be modified. If you’re still shell shocked from a hard-fought litigation battle to settle your divorce, know that with modification of court orders you don’t have to go down the same path. See how mediation can help make the process easier.
What Court Orders Can Be Changed
It goes without saying that modification of court orders is not something to be done lightly. That being said, it is possible to modify a court order after your divorce is finalized in certain scenarios. Some of the most common modifications include:
- Changes to child custody
- Changes to child support orders
- Changes to parental or guardian visitation
- Changes to spousal support arrangements
Typically, modification of court orders may be allowed in these scenarios:
- There have been material and substantial changes in circumstance for you or your ex which could be loss of a job or a promotion, for example.
- There have been material and substantial changes in circumstance for your child and it is in their best interest that custody, child support or visitation is reconsidered.
- When both former spouses mutually agree to alter terms.
The term “mutually agree” in the last bullet point because if you and your ex can’t get on the same page in changing the order(s) that means you’re back to another potentially long, complicated and costly litigation process to convince a family court judge to grant your modification.
Modification of Court Orders through Mediation
That is where mediation can be particularly helpful. Not only is it a less confrontational (and more private) setting than a courtroom, you’re working with a trained mediator who acts as a neutral third party to level the playing field so to speak. They’ll use communication and negotiation techniques to keep the give and take discussions constructive and collaborative as you work toward modifications in which you both agree.
Your mediator can also help you to understand your state’s guidelines as each has its own rules about the modification process and the supporting information needed. Once an agreement is reached, they can draft it for your lawyer(s) who will then review and submit to the court with your modification petition.
This can really lessen the time spent in court as well as what you pay in legal fees. Not to mention that by crafting the modification of your court order(s) together, your ex will be more likely to comply with it than if you were to ‘win’ in court.
Bonus Benefit of Mediation
You don’t even have to be in the same room with your ex during mediation. Our services are 100 percent virtual which not only gives you more convenience and flexibility, we’ve found that after divorce distance can make the heart less heated in sensitive discussions which makes the process even easier!
Interested in using mediation for modification of court orders after divorce? Learn more by contacting our team of Certified Divorce SpecialistsTM today!
