How to Change the Terms of Your Divorce in Georgia

Generally, divorce ends with a court order that defines the terms of your separation including child custody, alimony, and division of assets. Whether you like the terms or not, you’ll have to live with them for the rest of your life.

Or will you?

You Can Modify the Terms of Your Divorce in Georgia

It’s not always easy, but it is possible.

Here’s how:

Child Support and Alimony

In situations where one spouse agrees to pay money to the other, either for child support or alimony, the court order can be modified if a spouse experiences a change in their financial situation. This is true for either the paying or receiving spouse.

For instance, if the paying spouse loses their job, they may be able to negotiate a reduction in the amount they pay. The same may be true if the receiving spouse suddenly gets a windfall or lands a high-paying job.

When it comes to alimony, only periodic and rehabilitative alimony can be reduced after the fact. If you paid your alimony in a lump sum, you can’t retroactively change the amount.


Child Custody

If either parent undergoes a major life change, child custody and visitation agreements may also be modified.

It’s important to note that in Georgia, there’s a difference between changing the child custody order and changing specifics with regard to visitation.

The child custody order is the overarching agreement specifying how parents share legal and physical custody. Visitation is part of that agreement that details how the parents split time with their kids.

Major changes in circumstance may involve a parent remarrying or relocating for employment purposes. You don’t need to demonstrate a major change in circumstances to request a change in the visitation agreement, but you do if you want to make a change to the child custody agreement as a whole.

A change may also be requested if one parent develops addiction issues, or is found to be committing parental abuse or criminal activity. The court will generally consider the child’s best interests when making decisions in these circumstances.

In addition, children aged 14 or older may elect to request a change in which parent they live with.

Work with the Best Divorce Lawyer in Chamblee

In most circumstances, you can only request a modification to your divorce agreement once every two years. There are some exceptions, such as an involuntary loss of income or the failure of a non-custodial parent to comply with a visitation agreement.

You’ll need to make each request count. An experienced divorce lawyer can help guide you through the process and ensure you get the best outcome possible.

Call (404) 260-6330 now to schedule your free, confidential consultation.