Do I Have to Go Back to Court to Get a Post-Divorce Modification in Florida?
Following a Florida divorce, the parties may have ongoing obligations to each other. The three most common examples of ongoing obligations are child custody & visitation, child support payments, and alimony payments. These ongoing obligations are subject to modification as long as the obligations remain. If there is a substantial change in circumstances, a post-divorce modification may be warranted.
You may be wondering: Do I have to go back to court to get a post-divorce modification in Florida. The short answer is ‘not necessarily’—you and your former partner may be able to reach an out-of-court agreement on a modification. Here, our Tampa post-divorce modification attorneys discuss your options if you are seeking an adjustment to a divorce decree in Florida.
How to Get a Post-Divorce Modification in Florida: Know Your Two Primary Options
- Mutual Agreement for Modification
In some cases, parties may agree that a post-divorce modification is appropriate. If you and your former spouse want to change a parenting plan, child support payment, or alimony obligations, you can negotiate an agreement outside of the court. As a general rule, Florida courts give parties wide discretion to come to mutual agreements—especially if each person is represented by qualified legal counsel.
In other words, you do not necessarily need to prepare for another court hearing or for a big fight to get a post-divorce modification. Often people can find solutions outside of the courtroom. By negotiating a fair agreement—either in mediation or informally—you can typically modify your obligations on your own. A lawyer can help you negotiate a post-divorce modification that works for you and your family.
- Petition for Modification
Of course, not every divorced couple can come to an agreement on a modification—at least immediately. In these cases, the party seeking a modification may need to file a Petition for Modification with the appropriate court. In preparing such a petition, it is important to present a strong case that demonstrates why a modification is warranted. Courts are not interested in re-litigating family law issues.
As a general rule, getting a modification requires proving a substantial change in circumstances. For example, imagine that you are seeking a post-divorce child custody modification in Tampa. As explained in the Florida Bar Journal, the parent seeking a modification has the burden of demonstrating both that there has been a substantial change in circumstances that renders the previous custody order/agreement outdated and that their proposed modification is actually in the best interests of the child.
Contact Our Tampa Post-Divorce Modification Attorney Today
At Bubley & Bubley, P.A., our Florida family lawyers have deep experience representing clients in post-divorce modification cases. We will protect your rights and help you find the best solution. Our lawyers firmly believe that every client deserves personalized representation and support. For a confidential, no commitment review of your case, please contact us right away. We represent people in Tampa and throughout the wider region in Hillsborough County.