1. Home
  2. Divorce
  3. What Courts Can and Can't Do
  4. Circumstances Do Change

Circumstances Do Change

At any time during the divorce process, you may learn new information that could change the process or outcome of your divorce. You may find out your spouse has gotten a second job or is working under the table at the local bar. Now, your spouse earns as much as you do or even more. This might be a reason to go back to court to get your support obligation reduced if you're paying your spouse support or if you have joint custody of children. Don't underestimate the value of a change in circumstances.

Even if you have already received temporary orders from the court, they can be modified as circumstances change or as new information is learned. Not every change of circumstances warrants a change in the temporary order. To be sure the change warrants going back to court, consult your lawyer.

Regardless of whether you think it is a small change or not enough to make a difference, mention it to your lawyer and let her be the judge. Things that seem insignificant to you could make a big difference in court. Even if one change doesn't make a difference, over time many small changes will add up and could mean the difference in custody, support payments, or the distribution of assets.

You might learn that your spouse has been involved in some worrisome activities or hasn't been taking parental responsibilities very seriously. You may want to ask the judge to change a temporary custody order and give the children to you. Ask your lawyer.

If a child moves from one parent's household to the other, this change will affect child support and custody. You may want to have this change reflected in a new court order. In fact, you may feel that you need a new court order to protect the child. Your lawyer can help you decide whether to take this matter back to court.

Use the courts effectively. Provide the court with clear and helpful information so it understands your position. Focus on the long-term result and don't let emotions get in the way of good decision making.

  1. Home
  2. Divorce
  3. What Courts Can and Can't Do
  4. Circumstances Do Change
Visit other About.com sites:

Netplaces.com, a part of The New York Times Company.

All rights reserved.