How hard is a modification to do on a new divorce

Asked over 2 years ago - Weston, MA

I was divorced 6 months ago and some thigns need to be changed, how hard is a modification? I have heard all sort of stories. Its in Middlesex County?

Attorney answers (3)

  1. Howard M Lewis

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    Contributor Level 20

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    Answered . Modifcations are not hard at all. In fact they are much less stressful because the whole weight of the divorce is off your shoulders and you should feel a bit more comfortable. There must be a material change in circumstances. My collegue gave you outstanding advice and he is one of the best divorce attnys in Ma, i highly encourage you to seek counsel with him or anyone you would like to. Take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Philip W. Mason

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    Answered . Not all modifications are the same. Some, like a change in child support may be resolved fairly quickly, others like custody arrangements may take some time and may even end in a full trial on the merits.

    A complaint for modification will can only proceed if there if there has been a material change in circumstance. That means that the basis for determining the provisions adjudicated in the divorce proceedings have changed to the extent that they are no longer applicable and their modification is essential.

    Proving the change in circumstance, the extent of the change, and the appropriate remedy can take considerable time.

    To determine what you can expect will require an analysis based on your specific facts. Either repost your question giving more details — what type of modification are you proposing, what supports the proposal, what are the chances of a negotiated settlement — or consult with an attorney listed on avvo.

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an... more
  3. Richard A. Martone

    Contributor Level 7

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    Answered . Another question I would have for you is whether or not you were divorced by Agreement or whether or not you have a trial wherein the Judge made the final decision and rulings regarding your divorce.

    If you were divorced by an Agreement you reached with your spouse, it will be critical to review what "issues" you are now seeking to change as you may have a different burden of proof that you need to overcome prior the Court making any such modifications. This would be dictated by how your Agreement was written and whether or not you agreed to have the Agreement survive with independent significance.

    This can be a confusing issue to understand for a layperson, so I would suggest you schedule (at minimum) a free consultation with a competent domestic attorney to review the terms of your divorce, and any agreement you reached to get a better understanding on the process of modification and your likelihood of success with the same.

    Given that the divorce was only 6 months ago, it could be difficult to prove a material change in circumstances (though certainly not impossible).

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