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Bad divorce order? Modification is possible in New York State

| Feb 4, 2015 | Divorce

If the process is done fairly and with property legal counsel for both sides, a divorce agreement or order should satisfy both former spouses. It is unlikely that either ex will get everything they wanted, but a good settlement or court order will provide sufficient assets to give each side the chance to move on with their lives.

But not every divorce agreement or order is fair. Perhaps one of the spouses did not enjoy adequate legal representation and was deprived of his or her rightful share of the marital property. Also, circumstances may have changed after the divorce was finalized that makes the terms of the order inappropriate.

In either of these scenarios, it may be possible to fix the problems. A party to a divorce agreement or order can ask the court to modify it, with the help of a divorce attorney.

Common elements of a divorce agreement include division of the marital assets and debts, child support, spousal support and arranging for child custody and visitation. All of these are important matters, and an error or unfair result in one of them could seriously hamper your life post-divorce.

If both exes agree that something needs to be changed, modifying the divorce order is simply a matter of going back to the negotiating table. But if negotiations break down, or one of the exes does not want to modify the order, going to court will probably be necessary.

Presenting a strong case during the appeal is the best way to show the judge that the proposed modification is needed, or is not needed if you oppose it.