Santa Rosa Post-Divorce Modifications Lawyer

Santa Rosa Post-Divorce Modifications Attorney

The decision to end a marriage is one of the most difficult choices an individual can make. Revisiting this tumultuous time can be equally challenging but, when situations change, sometimes beyond our control, it is comforting to know that post-divorce modifications can be made in California. Although certain requirements must be met, there are options for you. Let a qualified and experienced Santa Rosa post-divorce modifications lawyer & law firm help you.

Why You Need a Santa Rosa, CA, Post-Divorce Attorney

Post-divorce modifications in the state of California must meet specific requirements. Even if you and your ex-spouse are amicable and have agreed to an uncontested divorce decree, it is extremely difficult to handle the complexities of this process without the help of actual legal counsel. An experienced Santa Rosa divorce attorney can not only guide you through the process but also give you the greatest chance of maximizing your outcome.

What to Expect in a Santa Rosa, CA, Post-Divorce Modification Case

Even after the final judgment has been made by a California court, certain orders are modifiable. Post-judgment modification orders often include visitation orders, custody orders, spousal orders, and child support orders. Child custody and visitation modifications can be made at any time. If it is in the child’s interest, the court may find the modification “necessary or proper,” provided that the parent shows a “significant change of circumstances” in support of the request.

In some cases, parents can ask to change custody without changes in circumstances. Changes can also be facilitated by either a parent or their attorney to justify the request. Examples of seeking a change of custody include:

• A change of work schedule for the non-custodial parent
• A move that includes the non-custodial parent moving closer to the other parent
• Changes in the child’s parental preference
• Irresponsibility by one of the parents (i.e., substance abuse, etc.)
• The relocation of a parent outside of the area where the child resides (known as a “move-away case”)

The courts can change child support orders at any time if the change complies with mandatory California child support guidelines. Child support can be modified if any of these factors change.

Spousal support can be modified at any time as well up until the end of the support period. California law [Ca Fam §§ 3603, 3651(c), 4333, 4335] limits the duration of spousal support, and its modification process is very delicate.

FAQs

Q: Can You Modify a Divorce Decree?

A: In Santa Rosa, California, it is possible to modify a divorce decree, but only certain parts of the divorce can be changed. The conditions for seeking divorce modification in the state are limited. Therefore, it is important to take great caution with the initial proceedings. Situations beyond our control do exist and, when this happens, one can seek the help of the court to change the terms of the divorce. The only parts of a divorce decree that are eligible for amendment are child visitation and custody rights, child support, and alimony.

Q: Can a Divorce Settlement Be Changed?

A: Most people believe that, once the terms of their divorce settlement have been filed, the terms of their divorce cannot be changed. However, this is not always the case. In the state of California, it is possible for one party to seek a modification for some or all of the terms. This can be done by either:

• Appealing the judgment to a California District Court of Appeals
• Filing a motion to modify the terms of the decree with the court where the judgment was originally filed

Q: How Long Can a Spouse Drag Out a Divorce?

A: In the state of California, divorce cases can take anywhere from 1-2 years to resolve. There is a mandatory waiting period of six months before your case can be finalized once the necessary paperwork has been filed, regardless of whether it is uncontested or contested.

It is possible, however, to reach an agreement with your partner outside the court system. Although no official time limit exists in California, if the case involves time-sensitive issues (e.g. allegations of domestic violence), you should file as soon as possible. There are cases when a spouse becomes unreasonable or difficult, especially when child custody, child support, or alimony are involved, but the court will dismiss the case after five years if there is no activity.

Q: What Is the Easiest Way to Get a Divorce?

A: The easiest way to get a divorce in California is to go through an uncontested divorce, where both you and your spouse agree to the terms without a trial. The process can take up to six months, as California law mandates that certain court forms be filed and residency requirements be met. The average cost of divorce in California is approximately $17,500, but you might only pay the $435 filing fee if both parties work out the terms of the dissolution on their own.

Q: How Can I Get a Free Divorce?

A: The divorce process in California can become quite pricey. If you are not able to pay the legal bill, it is possible to get a free divorce in California if you meet certain qualifications. There is a $435 divorce filing fee, regardless of whether the divorce is contested or uncontested.

Nevertheless, this fee may be waived in the case of an indigent divorce option for those with limited finances. To apply for a fee waiver, you must secure the relevant forms and provide all the requested information. You must also provide a notarized financial disclosure to prove your need.

Contact Our Santa Rosa Post-Modification Lawyers Today

The decision to seek post-divorce modifications can be tremendously difficult, but you can be assured that the original divorce settlement need not be permanent. With the right Santa Rosa divorce law attorney by your side, you can approach this situation with confidence and peace, knowing that you can achieve the optimal results. The team at the Carroll Law Office understands the emotional toll this can take, and our firm can be there to assist you at every step.

If you are ready to speak with a Santa Rosa divorce attorney about your situation, we are prepared to help you navigate this challenging time. Contact our office to schedule a consultation, and let our comprehensive service meet your needs.