San Diego Post-Divorce Modification Lawyer
Helping You Modify Your Divorce Agreement
After a divorce, many things can change. You may get a new job, your child custody agreement may no longer work for you, or you may want to relocate. You are not alone if you are in this situation. Many people need to modify their divorce agreement to fit their new lifestyle.
At Embry Family Law P.C., we are dedicated to helping clients obtain the modifications they need. We have extensive experience navigating the modification process and can guide you every step of the way. Our San Diego post-divorce modification attorney will take the time to understand your needs and help you determine your best course of action.
Call (619) 485-6476 or contact us online to schedule a consultation with our post-divorce modification lawyer in San Diego.
How to Modify a Divorce Agreement in California
After a divorce is finalized, you may need to modify the terms of your divorce agreement. Fortunately, the state of California allows you to make changes to certain aspects of your divorce, such as child custody, child support, and spousal support. However, you cannot modify property division or your marital settlement agreement.
To modify your divorce agreement, you will need to follow these five steps:
- Consult with a San Diego post-divorce modification lawyer: The first step to modifying your divorce agreement is to contact an experienced attorney. They can help you understand whether your modification request is reasonable and guide you through the process.
- File a motion to modify your divorce agreement: To request a modification, you will need to file a motion with the court. You will need to explain why you are requesting a modification and provide evidence to support your request.
- Notify your ex-spouse: After you file your motion, you will need to serve your ex-spouse with the motion. They will have a limited amount of time to file a response with the court.
- Attend a hearing: If you and your ex-spouse cannot agree on the proposed modification, the court will schedule a hearing. At the hearing, you will need to present evidence to support your request.
- Obtain a court order: If the court approves your request, they will issue a court order granting the modification. You will need to follow the terms of the court order.
What Can Be Modified After a Divorce?
After a divorce, you may need to modify the terms of your divorce agreement. California law allows you to modify certain aspects of your divorce. However, you cannot modify the division of property or your marital settlement agreement. You can only modify child custody, child support, and spousal support.
Here is what you need to know about modifying these terms:
- Child custody: You can modify your child custody agreement if you can show that there has been a significant change in circumstances. You may be able to modify your child custody agreement if you or your ex-spouse has a new job, you or your ex-spouse has a new spouse, one of your children is older, or your child’s needs have changed.
- Child support: You can modify your child support agreement if you can show that there has been a significant change in circumstances. You may be able to modify your child support agreement if you have a new job, you lost your job, you have a new child, or your child’s needs have changed.
- Spousal support: You can modify your spousal support agreement if you can show that there has been a significant change in circumstances. You may be able to modify your spousal support agreement if you or your ex-spouse has a new job, you or your ex-spouse has a new spouse, or you or your ex-spouse has an increase or decrease in income.
What Happens If My Ex-Spouse Does Not Agree to Modify Our Divorce Agreement?
After a divorce is finalized, you may need to modify the terms of your divorce agreement. However, your ex-spouse may not agree to the proposed modification. If this happens, you will need to go to court.
Here is what you need to know about going to court to modify a divorce agreement:
- It is a complicated process: Going to court to modify a divorce agreement is not easy. You will need to present evidence to support your request. This can be difficult if you do not have an experienced attorney on your side.
- It is time-consuming: Going to court to modify a divorce agreement can take several months. You will need to wait for the court to schedule a hearing. This can take several months. You will also need to wait for the court to issue a ruling. This can also take several months.
- It is expensive: Going to court to modify a divorce agreement can be expensive. You will need to pay for a lawyer to represent you. You may also need to pay for expert witnesses and court fees.
Our San Diego post-divorce modification attorney can help you navigate this complicated process. We will fight to protect your rights and help you obtain the modification you need. today to schedule a consultation with our post-divorce modification lawyer in San Diego.
How a Post-Divorce Modification Lawyer Can Help
The modification process can be complicated and confusing. That is why it is important to have an experienced family law attorney on your side. A post-divorce modification lawyer can help you understand your rights and options. They can also help you gather the evidence you need to support your request.
At Embry Family Law P.C., we are dedicated to helping clients obtain the modifications they need. We will fight to protect your rights and help you achieve your goals. Our San Diego post-divorce modification attorney can guide you through the modification process and help you make well-informed decisions about your case.
Contact our San Diego post-divorce modification lawyer by calling (619) 485-6476 today!
Our Clients Share Their Stories
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"I would recommend Embry Family Law to anyone!"
Working with Ben Embry was great. He's very professional, responsive, and was always available to answer any questions I had. His team is also amazing and made me feel comfortable throughout the entire process. I would recommend Embry Family Law to anyone!- Alyssa D. (Google Review) -
"My results were amazing!"
Ben Embry's family law practice is the best in San Diego! His knowledge, professionalism, affordability, and his entire staff are unequaled. I recently went through a difficult divorce. Ben and company made it easy on me. My results were amazing! More than I thought was possible! Ben and his staff have a vast knowledge of family case law and family code and the results showed it. My many thanks to Embry Family Law and to Ben, Nicholas, Isik, and Kaylin! Ben is a Certified Family Law Specialist (CFLS). If you need family law services his firm is one to hire!- Ty (Avvo Review) -
They were responsive, knowledgeable and gave me peace of mind that I was in good hands every step of the way.- Robyn B. (Yelp Review)
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"Thank you Nicholas -- your team and clients are lucky to have you."
It had been a long two years of waiting and frustrations in the hands of my previous lawyer to get the legal closure I needed to move forward with my post-divorce life. As anyone going through divorce knows, nothing about it is easy or enjoyable ... that is until I met Nicholas Montaño. As office manager and head paralegal at Embry Family Law, Nicholas took my call and ran with it. From the get-go, I felt supported and that I was in capable hands. Within a few weeks, I was happily divorced and all was finalized, even sooner than the court date assigned to my case. Throughout our [thankfully] short time working together, he showed compassion, empathy, and understanding. And I especially appreciated his effective and efficient communication, and willingness to go above and beyond with sensitivity to time. Thank you Nicholas -- your team and clients are lucky to have you.- Kathy D. (Google Review)