Post-Divorce Agreement Modifications
Experienced Divorce Lawyers in Baltimore
If you are handling a divorce or separation in Maryland, you may be anxious about the agreements being made. There is alimony to decide, child support to settle on, custody issues to schedule, and a final division of assets for both parties. The question is, can you change these agreements after the divorce is finalized?
In Maryland, post-divorce agreement modifications may be made under qualifying circumstances and only affect certain parts of the agreement: alimony, child support, and custody arrangements.
Both parties must appear in court, even if the changes agreed upon are amicable. You are only permitted a modification once every three years. There are timelines to meet, schedules to make, and a divorce attorney is highly recommended to help streamline the process.
In some cases, like seeking a divorce agreement appeal, there is a limited window of time to request a change. It can be confusing to learn when and how to ask for a modification, how to know if your request will be approved, and what to do if you experience major life changes.
Learn when and how to modify your divorce agreement post-divorce, what circumstances allow you to appeal a divorce agreement after it is finalized, and how an experienced Baltimore divorce lawyer can help you.
Call today for a consult on your divorce agreement modification
CONTACT US FOR A FREE CONSULT
Why Choose Saller Law
Family lawyer Lillian V. McElroy is experienced with divorce law in Maryland: alimony agreements, child custody schedules, pre-nuptial paperwork, and post-divorce modification requests.
Her approach is friendly, factual, and focused on getting the result you deserve. She looks at the standing of the situation, what factors Maryland law considers, and guides clients through the expected outcome. With our divorce lawyer on your side, you know how to prepare, what resources to gather, and what your options are.
If you need post-divorce agreement modifications in Maryland, do not go through it alone. With the right divorce lawyer on your side, you can ensure you have all the right paperwork, are in line with the law, and can get assistance getting approval for your requests.
What Post-Divorce Modifications Are Allowed in Maryland
It’s extremely important to understand that divorce agreements are often final and that post-divorce agreement modifications are made in relation to major life changes that could affect alimony, child support, and custody.
The divorce agreement should be one that both parties understand and sign off on, with the understanding that changes later are not guaranteed and may not be an option. Learn what modifications are allowed in Maryland post-divorce.
Modifications: Alimony, Child Support, Custody
Post-divorce agreement modifications are permitted when a major life change has occurred that may affect alimony payments, child support, or custody. If your quality of life has been greatly diminished by a life change that impacts your ability to meet financial requirements set forth in the divorce, you may have grounds to seek a modification to your divorce agreement.
The major life change may not be entered into willfully – ie, quitting a job or altering circumstances so you try to evade financial obligations. You must be able to prove involuntary life changes.
Even so, this does not guarantee approval of a divorce modification. An experienced attorney can help you get all the resources needed to request the modification and show good faith in court.
While modifications are allowed, the process can sometimes take up to 6 months, as all modifications must go through the court system, and you are only permitted one modification every three years.
Appeals: A Limited Window
A post-divorce appeal affects the entire divorce agreement vs a divorce modification that only impacts one area: alimony, child support, child custody.
A post-divorce appeal must be filed within 30 days after the finalization of the divorce and must be due to hidden financial or other relevant facts that were not known during the divorce agreement.
A divorce appeal challenges the entire agreement and seeks grounds to revisit the agreement due to hidden facts that affect the agreements previously made. A divorce attorney in Baltimore can help gather the necessary materials and consult with you on your case if you feel you qualify for an appeal.
Key Points for a Modification Request
- All post-divorce modifications must be approved through the court, even if the agreement is amicable
- You may only request modifications once every three years
- Modifications may be in relation to alimony payments, child support, or child custody
- You may not evade financial obligations by willfully becoming unemployed
- Involuntary life changes do not guarantee approval of a modification
- The court will look to the best interest of the child for all modification requests, when
applicable
The Legal Process for Modifications in Maryland
First, either party must have had a major life change that impacts the previous agreement. The requesting party needs to obtain the proper paperwork from the court to petition to modify the agreement. The paperwork must be filed with the court that previously handled the divorce agreement. The receiving party must then be served the documentation and both parties must appear in court.
- Obtain the petition to modify the agreement paperwork
- File with the court that handled the divorce agreement
- Serve the receiving party
- Appear in court and present the modification request
A divorce lawyer is highly recommended when requesting to modify a divorce agreement. Only certain parts of a divorce agreement may be modified and major life changes must have occurred to approve a request.
A divorce lawyer can help you obtain the proper documentation, file with the courts, streamline the process, have the proper evidence to back up a modification request, and manage arguments if needed.
Qualifying Changes
- Increase or decrease in either party’s income
- A parent is relocating, affecting child custody or visitation
- Either party came into an inheritance
- Child’s medical or educational costs changed
- A child’s safety is at risk
Tips for Smooth Modification Proceedings
In Maryland, a post-divorce modification can take up to 6 months. This can feel like a lengthy and stressful process, especially if divorce agreements are now causing financial hardship.
To streamline a post-divorce agreement modification in Maryland, you want to ensure you have all the proper documentation, your major life change qualifies for a modification, you are within your timeframe to request a change, and all evidence is provided and ready for court.
A lawyer can help you with your modification request and expedite your timeline as needed. This will ensure you do not have any unnecessary delays and are prepared to present your case factually and quickly.
At a Glance:
- Complete the proper petition paperwork that pertains to your request
- File with the court that previously handled your divorce agreement
- Have all documentation to support your request available
- Work with an experienced attorney for documentation and timelines
- Ensure you are within your one request per 3 years
- Confirm your major life change qualifies for a modification
- Consider the best interest of the child
Consult on Post-Divorce Modifications in Maryland
Although a post-divorce modification is permitted in Maryland, the process, documentation, and timelines can be confusing and frustrating for clients. To ensure a smooth request and the best chance of approval, work with an experienced divorce attorney in Maryland.
At Saller Law, we handle family law cases and divorce proceedings, both pre- and post- divorce agreement timelines. We are able to argue on your behalf, help complete documentation, inform you of what to expect, and track court deadlines.
Do not risk your financial security, child custody, or other modifications by going it alone. We are here, we are experienced, and we can help. Call today for a consult to see what we can do for you.
Contact us online or call for assistance
Call today and hear back from us within twenty four hours, guaranteed.
Frequently Asked Questions
Can I modify my divorce agreement in Maryland after it is finalized?
In Maryland, you may modify a divorce agreement in relation to alimony payments, child support, and child custody if a major life change has impacted your financial standing or affects the child(ren).
How often can I request a post-divorce modification in Maryland?
You are permitted one divorce modification every three years following the finalization of the divorce agreement.
What counts as a major life change for a divorce modification request?
Qualifying changes include a significant increase or decrease in income, relocation affecting custody, receiving an inheritance, changes in a child’s medical or educational needs, or concerns for a child’s safety. A financial change must not have been made willfully in order to evade alimony or custody payments (ie, quitting a job).
What is the difference between a post-divorce modification and an appeal?
A divorce agreement modification changes specific parts of the agreement in relation to alimony, child support, or custody after a major life change. An appeal challenges the entire divorce agreement and must be filed within 30 days of finalization due to hidden facts discovered after the divorce that affect the agreement.
Why should I hire a divorce attorney for a post-divorce modification?
An attorney ensures proper paperwork, gathers supporting evidence, meets deadlines, and represents you in court—significantly improving your chances of a successful modification.
