Motion to modify

A motion to modify a divorce or the terms of custody or visitation for children born of the marriage is initiated by filing a motion stating what the substantial changed circumstances are that make the previously entered decree unreasonable or unenforceable for the parties. Parties must file and then serve the other parent and they have 30 days to respond to the court with their answer and responsive pleadings. Like in any other suit the parties can subpoena documents for new income, bank accounts, and children’s school records and also take new depositions and even have a trial on those new grounds for modification. Given the changing needs and pace of divorced families Motion’s to Modify are quite common and often arise when the parties did not take into account changes after the initial divorce decrees was entered or because new issues arise like a new spouse or living arrangements change for the children or a decrease in the earnings of an ex-spouse that make child support unreasonable. Most cases return to the same court judge ( unless a motion to change judge is timely filed) and can have the same Guardian Ad Litem who represented the children in the first petition so keep that in mind when you are proceeding with your divorce.