June 30, 2021 | Divorce, Divorce Attorney Omaha NE

There are various stages that you go through when going through a divorce. The issuing of a decree is the final step in the divorce. The decree is the document that contains the divorce orders issued by the court. The decree outlines all the issues involving your divorce including child custody, child support, alimony and division of property.

It is important to read the decree carefully. If there is anything that you don’t understand, be sure to ask your attorney to explain it to you. While the decree is issued by the court, it is not final. It can be modified.

Finalizing a decree

A divorce decree is not final when it is first issued. In Nebraska, it takes 30 days after the signing of a decree for your divorce to become final. If you do not agree with anything outlined in the decree, you can speak to your lawyer to file a motion to appeal or for a new trial. A divorce decree can also be modified up to six months after the divorce has been finalized.

As there is a limited time in which modifications can be made to a divorce decree, it is important to speak to a Nebraska family law attorney as soon as possible. Feel free to contact us if you’re in doubt of anything in your divorce decree. We’ll be happy to represent you and guide you through the decree modification process.

Reasons for modification of a divorce decree

Modification of a divorce decree simply means changing the things that were ordered by the judge in the first divorce decree. However, modifying a decree isn’t a simple and straightforward process. You must prove to the judge that something has changed that warrants the modification.

Some of the most common events that lead to modification of a divorce decree include:

• A change in a parent’s work schedule – This may require adjustments to the parenting time schedule agreed on in order for the parent to have substantial time with the child.
• The child reaching an age where the court can take their preference into consideration when it comes to living arrangements
• Changes in the child’s development that indicate that the child would benefit from spending more time with one parent as opposed to the current custody agreement
• A change in a parent’s income that warrants a change in child support
• Relocation of a parent out of state, warranting a change in the terms of custody or visitation schedules
• Changes in the circumstances of one of the spouses that may warrant a change in spousal support or alimony
• Objection by the parent to the relocation out of state by the parent with custody of the child.

Modifications to divorce decree

There are various modifications that you can seek. The following are some of the most common modifications to divorce decrees that spouses seek.

• Modification of alimony

The obligations for spousal support or alimony can be changed temporarily or for the long term if there is a mutual agreement. They can also be changed if the court finds that there has been a change that warrants the modification.

Changes that can lead a court to modify alimony obligations include remarriage or voluntary cohabitation of the spouse that was receiving support or change in the payer’s or payee’s income. For example, if the payer’s income increases significantly, they could be ordered to pay more in alimony. If the payer’s income decreases significantly, the amount of alimony will be decreased based on their new income.

• Modification of child custody and visitation

Parents may agree to make changes to custody or visitation schedules based on changes in their circumstances. However, modifications may also be ordered by the court based on a change in circumstances to the parents.

Modifications to child custody and visitation must be written down and approved by a judge. The court will only agree to modifications that are in the best interests of the children concerned. The parent seeking the modification must show that the change in circumstance affects the welfare of the children.

Some common reasons for modification include a significant lack of cooperation between the parents in making decisions that impact the welfare of the children, the development of a drug addiction by one parent, violence or criminal activity by a parent.

• Modification of child support

Changes in circumstances of parents may also warrant modifications in child support. These circumstances may include a change in income of the parents, a minor child reaching the age of majority, changes in the cost of health insurance, changes in the cost of child care, an increase or decrease in the needs of the children as well as changes in the amount of time that a child spends with each parent.

Any modifications to the divorce decree must be approved by the court in order for them to become legal. Seeking a modification can be a complex process. It is important to have the guidance and support of a skilled attorney. Feel free to get in touch with us. We’re Nebraska family lawyers with extensive experience in helping people seek divorce decree modifications. We’ll help ensure your rights are protected throughout the process.

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