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Do you need modifications in your divorce decree?

| Nov 21, 2014 | Modifications and Relocation

Clarksville, Tennessee, residents know that life does not remain the same after a divorce. During the divorce process, issues like parenting time, child and spousal support and property division take an emotional, as well as a financial, toll on most people. As a result, there are significant changes in one’s circumstances, which may require a newly divorced person to make some critical decisions in order to protect future interests.

Even long after a divorce, circumstances may dictate that a divorced person can’t meet all expectations and obligations mentioned in the divorce decree. In particular, these factors could be related to parenting plans, support obligations or other issues. However, a divorced person cannot make sudden alterations to these areas without the other spouse’s and the court’s consent. Instead, what that divorcee needs to do is seek a modification in the divorce decree.

According to Tennessee law, a person needs to convince the court that circumstances have changed substantially and, therefore, certain modifications are required in the divorce decree. Changes in circumstance could include loss of job, relocation to another city or state or significant changes in the former spouse’s behavior or lifestyle. It is probably safe to say that merely mentioning these factors in court won’t convince a judge to grant a request for modifications in a divorce decree.

Additionally, modification requests that involve children are scrutinized more strictly in Tennessee because the court’s primary motive always remains the protection of the children’s best interests. Issues that relate to children include modifications in parenting plans, changes in child support payments, child relocation and even day-to-day decisions, pertaining to education and health care.

Obtaining orders for modifications or relocations are rarely easy and often require a strong and creative argument that, at the same time, protects a petitioning party’s rights and interests. Usually, developing such an argument requires a comprehensive understanding of Tennessee law and that is one area in which most individuals do not have much experience. However, with the help of an experienced attorney like Steven C. Girsky, they can be confident that they will present the strongest possible case in the courtroom.

For more information about modifications that can be made following a divorce, please see our website.


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