What Is The Process To Modify A Divorce Decree?
Nov. 20, 2022
The process to modify a divorce decree is referred to as either a petition or a motion. You file your petition and you have to allege the elements that pertain to the circumstance. The other side has to answer, and then sometimes there is discovery. It goes on and then ultimately, there is a court date.
Can A Divorce Decree Modification Ever Be Challenged Or Opposed?
A divorce decree modification certainly opposed. One Party files it, asking for the change they want; the opposing party responds and raises any issues that have factually or at law and ultimately argue as to why it shouldn’t change.
How Long Does A Request For Modification Take To Get Resolved?
The length of time it takes for a modification request to be resolved depends on the particular court and the docket at that time. In Western Maryland, modification generally move fairly quickly generally 3-6 months. It takes a lot longer in larger jurisdictions with heavier dockets. The complexity of the case also impacts the pace of the litigation.
Is It A Good Idea To Retain An Attorney For A Post-Divorce Modification?
On their face, pro se pleadings may seem fairly simple, but unfortunately, there are many ways in litigation for things can go sideways. A layperson is not necessarily going to understand that something is wrong or know how to resolve the problems or preserve the record for appeal. Litigation in the United States is an adversarial system. By analogy, one is engaging in a gunfight; the question is do you want to have a gun.
Additional Information On Post-Divorce Modification In Maryland
Many of the battleground issues of divorce can be anticipated and resolved by an Ante-nuptial Agreement, commonly referred to as a Prenuptial Agreement. If one person has a significant income and/or has significant assets, and is marrying someone that does not have financial resources, a prenuptial agreement, if it’s done correctly, protects the person who has the income and the assets in the event of a divorce. It’s a little more involved than most people realize in Maryland. There is a process that requires a full documented disclosure of assets, and there are different levels of protection in a prenuptial agreement.
Most people have two or three marriages over the course of their lifetime. If you’ve acquired assets, or if you have a good income and your prospective spouse doesn’t, you really should consider obtaining a prenuptial agreement. Marriage in most States is a statutorily imposed legal contract. It is by analogy similar to entering into a business partner contract that states: if a partner does not contribute a fair share, waists assets/income or even betrays the partnership, they are entitled to half the business and to be supported by the good partner. Who would you ever enter into such a contract?
That is exactly what you sign up for by getting married without an Ante-nuptial agreement. Legal marriage sets up duties and responsibilities that aren’t necessarily fair and equitable. Marriage, at law, is all about money; it is often about the State putting the burden on a good spouse to support a bad spouse. An ante-nuptial agreement takes money out of the equation. Ironically, it is then a marriage of love.
For more information on Process For Post-Divorce Modification, a free initial consultation is your next best step. Get the information and legal answers you are seeking talk Arnold F. Phillips by calling today.