Randy Perskin: Discussing Divorce

Circumstances may arise after a divorce decree has been filed that necessitate the alteration of the terms of the agreement. Divorce decrees can be overturned through an appeal to the court. Generally, an appeal will not be considered unless compelling circumstances exist that necessitate a change in the decree, such as the rulings in the original divorce case do not comply with the statutes, there is a fundamental inequity in the decree or it can be proven that fraud or misconduct have occurred. It is difficult to change the property distribution aspects of a decree unless one of the above circumstances can be proven.

On the other hand, a petition to modify a decree regarding support issues can be made if the circumstances of the spouses have changed that require adjustments. For example, child support or periodic alimony payments can be adjusted, child custody issues can be modified and visitation schedules changed to reflect the new circumstances of the parties. An agreement between ex spouses does not necessarily serve as a legal modification of the original divorce decree unless it is approved by the court and made part of the original decree. A discussion with an attorney to discuss the options available will be beneficial in this regard.