What is a Divorce Modification?

Divorce modification is a legal process for making legally binding changes to the terms of your divorce. A family law attorney can help you to file or fight a petition to modify a divorce settlement agreement in Georgia.

What is required to get a divorce modification? Generally speaking, in order to file for a modification you will need to prove a substantial change in circumstances. What is a substantial change in circumstances? It could be a drastic drop in income that is not short-term or an unexpected inability to perform parental duties. Another example, provided by the GA Divorce Online website is, "Changes in custody or visitation orders may be obtained if substantial changes in a parent’s lifestyle threatens or harms the child. If, for example, a custodial parent begins working at night and leaving a nine-year-old child alone, the other parent may request a change in custody."¹.

If your divorce settlement has "active requirements" such as support payments or a Parenting Plan for minor children, the court recognizes that changing circumstances may require changing the terms of your divorce.

The Georgia.gov website offers this, " If life circumstances change and the custody order needs to be modified, one party can file a petition to modify custody. To modify custody, they must prove that there has been a material change in circumstances that will impact the child’s well-being."²

A divorce modification cannot reverse a divorce, or change things like property division, debt responsibility assignment, business ownership, etc.

Can You Change Divorce Agreement After Signing?

The short answer is yes, it is possible to change parts of your Settlement Agreement (usually related to support payments, custody, visitation). Your petition for modification can address multiple elements such as alimony, child support payments, child custody and visitation.

Temporary Changes

Can you get temporary changes? Sometimes yes, but usually only when there are extreme circumstances. The DivorceNet.com website states, "The judge may order a temporary custody change while the modification motion is pending. This usually happens if the judge believes the temporary change is necessary for the child’s welfare. The judge doesn’t have to find that the circumstances have changed before ordering a temporary custody modification. And any temporary order won’t reflect the final outcome of the custody modification request."³

Permanent Changes

In Georgia, you generally can file for a divorce modification only once every two years. For example, if your divorce is made final on May 1 of 2024, you would need to wait until May 2026 (two years) to petition the court for modifications. However, there are exceptions to the customary two year wait period. Any approved changes will be permanent unless changed in a later modification. You may be able to request a modification at any time when:

• Substantial change in income such as involuntary loss of income.
• Safety risks to children such as a parental abuse, domestic violence, or have substance abuse issues.
• Chronic violation of terms such as non-custodial parents ignoring visitation terms.

More Reasons for Modifications

• Change child support payments
• Change primary custody for minor child(ren)
• Change child visitation
• Address unexpected circumstances such as ex-spouse moving out-of-state
• Address poor living conditions for minor child(ren)
• Address financial special needs of minor child(ren)
• Address ex-spouse re-marriage and alimony payments
• Change or terminate spousal support

Changing Your Name After A Divorce

After a divorce, you can change your name at any point in time after your divorce without needing to do a modification. Be aware that things will be much easier if your name change is addressed in your divorce decree.

Preference of Child in a Custody Modification

Regarding custody rulings, the preference of a child can be an influencing factor that could affect a court ruling on changing primary custody. In Georgia, children who are 14 years old or older have a voice as to which parent they will reside. Specifically, laws in Georgia provides that:

• Children may choose with which parent they want to live
• A child’s choice to change custodial parent may alone be cause for a judge to accept a request
• The teenager’s decision will prevail unless the judge believes that it would not be in the child’s best interests
• For children between the ages of 11 and 14, the court will consider their preferences; however, their preferences won’t be as influential on the court as preferences of older children. Again, the court has the full authority to decide what would in the child’s best interests.

How Can a Lawyer Help You?

You do not have to hire your original divorce lawyer file or fight a modification request. While your original lawyer may have a better understanding of the facts about your divorce, a new domestic law attorney brings a fresh perspective.

File for Divorce Modification

Our family law attorneys can prepare, file, and manage the process including any necessary in-person representation in a family law court. Our lawyers bring a wealth of knowledge for making the most of this legal process.

Fight a Divorce Modification

If your ex-spouse files for a divorce modification, you need to hire a lawyer. You’re going to have to live with any court decisions so don’t take the matter lightly. Our modification attorneys can prepare a formal response and litigate in or out of court. Our lawyers can be as assertive as necessary to use the facts to achieve the best possible outcome for your situation.

Have questions? Call 770-956-1400 to arrange for a consultation with a divorce modification lawyer.

CREDITS and FOOTNOTES

• ¹ Staff Writer, "Modification of Custody or Visitation in a Georgia Divorce", April 20, 2022, Available from GA Divorce Online
• ² Staff Writer, "File for Child Custody", July 22, 2020, Available from Georgia.gov
• ³ Joseph Pandolfi, "Modification of Child Custody and Visitation in Georgia", June 7, 2021, Available from DivorceNet.com
• Photo by Vidal Balielo, Jr., available at Pexels