Going through a divorce can be a difficult and emotional process. After the divorce is finalized, it may be necessary to modify the terms of the agreement due to unforeseen circumstances or changes in personal or financial situations. In Tennessee, modifying a divorce agreement is possible, but it requires following specific guidelines.
Circumstances Where Modifications May Be Necessary
There are various reasons why a person may need to modify their divorce agreement, including:
Changes in Income
A significant change in one’s income may make it harder to pay court-ordered child support or spousal support.
Change in Child Custody Arrangements
If there has been a considerable change in the living situation or circumstances of the custodial parent or child, it may be necessary to modify the custody agreement.
Relocation
If one parent plans to move out of Tennessee, it may affect the custodial arrangements.
Remarriage
Remarriage may affect the payment of alimony or child support.
How to Modify a Divorce Agreement in Tennessee
Modifying a divorce agreement in Tennessee can be done by filing for a modification in court. However, the process for modifying agreements depends on the circumstances for which the changes are being requested.
Friendly Agreement
If both parties agree to the terms of the modification, they can draft a new agreement and submit it to the court for approval.
Reaching an Agreement Through Mediation
If the parties are not in agreement, mediation may be an option. In mediation, the parties work with a neutral third party to come to an agreement.
Requesting a Modification Through the Court
If the parties cannot come to an agreement through mediation, they can file a request for modification with the court.
Requirements for Modifying a Divorce Agreement
To modify a divorce agreement in Tennessee, certain requirements must be met.
Change in Circumstances
A change in circumstances must have occurred since the original divorce decree was issued. This change must be significant enough that the modification is necessary.
Notice
After filing a motion for modification, the party filing must give the other party notice of the requested modification.
Good Faith
The request for modification must be made in good faith.
The Best Interest of the Child
When dealing with custody agreements, the court will consider the best interests of the child before making any changes.
Conclusion
Modifying a divorce agreement is possible in Tennessee, but it requires following specific guidelines. The process can be complicated, and it is essential to understand the requirements and procedures for requesting and obtaining a modification. Consulting with an experienced attorney can be helpful in navigating the process of modifying a divorce agreement.