As a divorce attorney in Massachusetts, I often encounter clients who are seeking to modify their existing divorce judgments. In this blog post, I discuss the process of modifying divorce judgments in Massachusetts, and the various aspects that can be changed.
Nearly all elements of a divorce judgment can be modified at a later date, with the exception of property division. This means that you can petition the court to change alimony, child support, or child custody, but you cannot seek modification of a property division post-divorce.
To modify a divorce judgment in Massachusetts, you must be able to prove that there has been a material and significant change in circumstances since the original judgment was issued. For example, if you are seeking to modify child custody or parenting time, you will need to show that there has been a material and significant change in circumstances and that the best interests of the children are not being met by the current arrangement.
If you and your ex-spouse agree on the changes, you can file a Joint Petition to modify the judgment. For example, if both parties agree to change alimony, they should file a Joint Petition/Motion to Change a Judgment/Temporary Order and an Agreement to Change a Judgment/Temporary Order.
If only one party wants to modify the judgment, they will need to file a Complaint for Modification. For example, if one parent wants to change a judgment on custody or parenting time, they should file the Complaint for Modification.
It is important to note that modifying a divorce judgment can be a complex process, and it is highly recommended to consult with an experienced divorce attorney to guide you through the process. By understanding the requirements and procedures for modifying a divorce judgment in Massachusetts, you can ensure that your needs and the best interests of your children are met as your circumstances change.
Remember, it's always best to consult with a knowledgeable divorce attorney to help you navigate the modification process and ensure the best outcome for you and your family.
Disclaimer: The content provided in this blog is for informational and educational purposes only. It should not be construed as legal advice and readers should not act upon any information provided without seeking professional legal counsel. The author does not guarantee the completeness or accuracy of the information provided. This blog is not intended to create an attorney-client relationship between the author and the reader.
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