How and Why to Modify Your Divorce Agreement
Sometimes after a divorce has been settled, circumstances change. Are you aware that there is recourse? You can make financial modifications to the original agreement. Is it better to come to me individually to make the changes, or mediate together?
In a post-divorce matter, there are two ways I help:
- I can represent you as an individual and help you clarify your position.
- I can work with both parties in the matter as a financial neutral.
Why come to a CDFA first before changing your settled divorce agreement with a lawyer?
- Figure out financial ramifications
- See if it’s worth the trouble and cost to change it
- Perhaps you didn’t have a good experience with the attorney who wrote the settlement
- You both prefer to avoid court by utilizing a financial neutral to mediate the changes
- By crafting your own modification, rather than deferring to the court’s orders, agreements can be more flexible and tailored
When I am engaged by you individually, I am solely your advocate. We will review your new situation and work to present a scenario that will illustrate your new circumstances and objectives. Armed with this precise information, you can direct your attorney what to negotiate for.
When an individual is seeking a post-divorce modification in California through the courts, there has to be a material change in circumstances. Maybe they had agreed on child support or spousal support amounts but one party…
- lost a job;
- got a significant raise; or
- has a health change.
In a recent post-divorce case I’ve been engaged in, the couple’s marital settlement agreement stipulated joint ownership of several pieces of property. Some were general partnerships, some were individually held; but the common thread was complexity. Now the wife is remarried, and she no longer wants to work with her ex-husband every day. She wants out. This is another reason for post-divorce modification.
When I’m engaged by both parties involved in the divorce, it’s very different. Both people in the action need to engage me at the beginning of discussions, and all information is shared between them. There are no individual conversations or phone calls.
As a mediator between two people, I have to be neutral. My goal is to facilitate a discussion that will resolve their different points of view. Typically, when a couple went through mediation initially they would go back to mediation to resolve any post-divorce modifications.
As a Certified Divorce Financial Analyst, I can help you review your new financial situation, your current agreement, or your questions about your ex’s finances. I can represent you individually or serve as a financial neutral for both of you. If you require assistance with a post-divorce matter, contact me today to discuss your what’s best.