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How can I modify my divorce agreement in Wisconsin?

On Behalf of | Jun 18, 2024 | DIVORCE - Divorce |

Divorce agreements are legally binding, but life circumstances can change. Thus, Wisconsin law allows for modifications to these agreements under certain conditions.

If you are thinking of modifying your divorce agreement, how can you meet the requirements and go through the process? In addition, how can you adapt the agreement to the changes in your life?

Reasons for modifying an agreement

Typically, a significant change in circumstances is necessary to modify a divorce agreement. This could include a change in income, relocation or changes in the needs of the children. The party seeking modification must show that the change is substantial and warrants an alteration of the original agreement.

How to request a modification

To request a modification, one must file a motion with the court that issued the original divorce decree. The motion should detail the desired changes and the reasons for them. Additionally, it is crucial to provide evidence supporting the claim of changed circumstances.

The role of mediation

Before going to court, the parties may attempt mediation. A neutral third party or mediator will help the parties negotiate and reach a mutual solution. If mediation is successful, the new agreement will be presented to the court for approval.

Court hearing and decision

However, if mediation fails, the court will schedule a hearing. The parties will present their cases, and the judge will determine whether to approve the modification. The judge will decide based on the fairness of the proposed changes and the best interests of the children (if applicable).

Aiming for a fair outcome

Understanding the intricacies of divorce can be a complicated task. The process involves numerous steps and requires a clear understanding of procedures and requirements. With the guidance of an attorney, you may navigate the legal complexities as you aim for a fair outcome that reflects your evolving circumstances.