Written by attorney Thomas Logan Davis

Post-Divorce Modification in Alabama

Post-Divorce Modification Divorce is obviously a time of major life changes where the future is impossible to predict. While great care can be taken in arranging matters of child custody, child support, and asset division, circumstances can change requiring the divorce agreement to change accordingly. In these cases it is necessary for post-divorce modification.

Can divorce arrangements be modified in Alabama? The most common situations requiring post-divorce modifications are children and money. Naturally the needs of children change with age. As the child gets older, increased visitation or parenting time may be appropriate, or in case of continued abuse of the child or illicit substances, decreased visitation or parenting time may be appropriate. Alabama courts keep the “best interest of the child" as their standard in deciding whether or not to modify a divorce agreement.

In cases of finances, it is possible one ex-spouse experiences a substantial increase or decrease in income, or even job loss. There may also be a change in financial needs of the child or ex-spouse. In these circumstances, it can be possible to make appropriate changes in form of post-divorce modification.

Do I have to go to court for post-divorce modification? If you and your ex-spouse are able to meet an agreement regarding the circumstances of your post-marital duties such as child support or alimony, it may not be necessary to return to court. Mediation with an attorney specializing in family law can be sufficient to modify agreements made about circumstances following your divorce.

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