Can You Modify a Divorce Decree?

Divorce decrees are meant to provide stability, but life doesn’t always stay the same. Many people feel stuck with orders that no longer reflect real-world circumstances: financial burdens that have become impossible, parenting plans that no longer fit a child’s needs, or terms that now feel unfair. If your divorce decree no longer works for you, you might not be stuck at all.

Since 2008, Fout Law Office’s lead attorney has helped families in North Canton, Ohio, revisit court orders that are no longer practical or fair. The good news is that, yes, you can modify a divorce decree, but you have to understand that:

• Only certain parts of a divorce decree can be changed
• You must have a legally valid reason for the modification
• All modifications must go through the court
• Working with an attorney is highly recommended

Below, we’ll walk through when modifications are possible, what you can and can’t change, and how to take the next step with confidence.

What Parts of a Divorce Decree Can Actually Be Modified?

The law allows updates to certain terms in a divorce decree, especially those tied to ongoing obligations or the best interests of children. Typically, you can request modifications for:

• Child custody and parenting time: As children grow, their schedules and needs evolve.
• Child support: Financial needs for children can change, especially with new medical or educational expenses.
• Spousal support: In many cases, alimony can be adjusted unless it was explicitly made “non-modifiable” in the original decree.
• Relocation-related terms: If one parent plans to move, custody and visitation arrangements may need to be updated.

However, some parts of a divorce decree are generally final. Property division and the allocation of marital debts are treated as permanent because the court’s goal is to create a clean financial break between former spouses. Once assets are divided, people need to be able to move forward, buy homes, refinance loans, invest, and retire, without worrying that their ex could come back years later and ask to redo the entire financial settlement.

Changes to property or debt division are only allowed in very rare situations, such as when one party can prove there was fraud, concealment of assets, or another serious error during the original proceedings. Without clear evidence of wrongdoing, the court will not reopen these issues.

When Does the Court Allow You to Request a Modification?

To request a modification, you must show the court there has been a “substantial change in circumstances.” This means a significant event has occurred since the original order was issued that makes the current terms unworkable or unfair.

Common examples of a substantial change include:

• Major income changes, like a job loss, promotion, or disability.
• A child’s evolving needs, such as new medical, educational, or emotional challenges.
• A co-parent who is not following the original parenting plan.
• A planned move or relocation by one parent.
• Significant changes related to remarriage or cohabitation.
• Safety concerns or evidence of a harmful environment for a child.

It is important to understand that a court will not grant a modification simply because you dislike the original outcome or want to get back at your ex-spouse. The change must be both significant and necessary.

How Do You Request a Court Order Modification?

The process for requesting a modification involves several formal steps. Many people feel intimidated by this, but it’s simply the system’s way of making sure both sides are heard fairly. The general process includes:

1. Filing a Motion: You start by filing a formal “Motion to Modify” with the court that issued your original decree.
2. Serving the Other Party: Your ex-spouse must be officially notified of your request.
3. Attending Hearings or Mediation: You may attend court hearings or mediation sessions to discuss the proposed changes.
4. Presenting Evidence: You must provide clear evidence to prove why the modification is necessary.

The court will review all the evidence and arguments from both sides before making a decision. Their primary goal is to confirm the modification aligns with the best interests of everyone involved, particularly if children are affected.

What Evidence Helps Prove That a Modification Is Necessary?

To get the court to approve your modification, you need to provide concrete proof that circumstances have genuinely changed. You don’t have to have a perfect case, but you do need clear evidence. Helpful documents may include:

• Pay stubs, tax returns, and employment records to show income changes.
• Medical records or therapy notes to document a child’s new needs.
• School performance documents, like report cards.
• Police reports or other official documentation of concerning behavior.
• Written communications (emails or texts) showing non-compliance with the current order.
• Witness statements from credible individuals.
• Documentation of increased expenses or changes in household needs.

An attorney can make this process a lot simpler.

How Can an Attorney Help with a Modification Request?

While you can file a modification request on your own, having legal counsel is highly recommended. An experienced family law attorney can:

• Identify which parts of your decree are eligible for modification.
• Frame your circumstances in a way the court recognizes as “substantial.”
• Gather and present persuasive evidence on your behalf.
• Negotiate with the other party to avoid unnecessary conflict.
• Reduce the emotional burden of revisiting your divorce.

Take the Next Step Toward a Fairer Future

If your decree is no longer working, you don’t have to shoulder the frustration alone. A skilled attorney can help you pursue a solution that reflects your reality today, not the one you lived in years ago. At Fout Law Office, we are committed to providing compassionate and knowledgeable legal support. Contact us today to discuss your situation and learn how we can help.