Divorce Lawyer Eagle County, CO
When you get a divorce in Colorado, the courts will issue a divorce decree. This decree also referred to as a judgment of dissolution of marriage, is a court order officially terminating your marriage. As a divorce lawyer Eagle County, CO clients recommend can explain, this decree also explains the terms of your divorce and may include:
- Who is responsible for making child support payments and how much those payments will be.
- Whether one spouse is entitled to maintenance payments and how much those payments will be.
- Marital property division and property rights.
- Parental responsibilities, including custody arrangements.
But what if circumstances change? Maybe you are the custodial parent, and you lose your job, or you were receiving maintenance payments but now you are getting remarried. Can the divorce terms be modified?
Frequently Asked Questions About Modifying a Divorce Judgment
Q: The terms of my divorce are not very favorable to me. Can I change them?
A: You cannot get the terms changed simply because you do not like them unless your former spouse agrees to the proposed changes. But keep in mind that the court will consider the best interests of your children in signing off on any changes.
Q: When will the court modify my divorce judgment?
A: It depends on which terms you are trying to modify. If either party can demonstrate a substantial change in circumstances since the judgment was entered, then the court may modify child support, maintenance, and/or parental responsibilities.
Q: What constitutes a substantial change in circumstances?
A: This depends on your situation. For example, if your child becomes ill and requires extensive medical treatment then that likely qualifies as a substantial change. If the party making maintenance payments loses his or her job or starts making less money, then that may constitute a substantial change. Other examples include increased cost-of-living expenses, remarriage of either party, and changes in parental responsibilities. An experienced Eagle County, CO divorce lawyer can help determine if the facts of your case constitute a substantial change in circumstances.
Q: I have a substantial change in circumstances. What do I do to get my divorce judgment modified?
A: Contact an experienced divorce attorney. The next step is petitioning the court for the modification that you want. For example, if you want to pay less in maintenance then you must specifically ask for a modification of maintenance. Note that there will be a filing fee, and the court will not approve your request without hearing from your ex-spouse.
An experienced divorce attorney can guide you through both your initial divorce and the modification process.
Let Us Help You with Your Case
If you need family law assistance, do not hesitate to contact a legal professional from Zweig Law, PC Attorneys at Law immediately. Call our office today to schedule a free consultation with an Eagle County, CO divorce lawyer to see if the terms of your divorce judgment can be modified and to ensure your family’s needs are met.
Most people think of legal proceedings as places where the two parties come in and the judge decides what to do. However, this is not always the case. Ordinary lawsuits are far more likely to settle than they are to go to trial, and the rise of collaborative divorce and divorce mediation means that family law cases share this trend. This makes a person’s ability to negotiate much more important. A divorce lawyer in Eagle County, CO from Zweig Law, PC may be at the table to help, but understanding basic negotiation strategies can lead to much more fruitful outcomes.
Take Advantage of Different Valuations
One key thing to remember during negotiations is that people have different perspectives, so two people may place different values on the same object. It pays to take advantage of that. For instance, suppose a couple owns an expensive painting and a speedboat. Those two things might be worth the same amount of money on the open market, but if one spouse loves boating and the other spouse bought the painting, then they can be divvied up much more easily.
This principle opens up two new strategies. First, if the spouses can find things that they both value highly, then they can trade them, making everyone happier. Second, if one spouse knows that there is something that they do not care about, but the other spouse greatly wants, then they can make sure to get a lot of value in the exchange.
Go in with Information
Another important thing to do before negotiations is to prepare. People who are negotiating need to understand what everything they are haggling over is actually worth. For things like bank accounts, this can be simple, but pensions, stock portfolios, and houses can be more difficult to value. Still, it is a necessary step. Otherwise, the other spouse can take advantage of the lack of information and work out a better deal for themselves.
Do Not Be Afraid to Move First
This final tip is a bit more controversial, but research bears out that it makes more sense to make the first offer in negotiations. Some people worry that if they make the first offer, they will give away their own position or start too low. That is a risk, but as long as people start with a bold but realistic offer, they can anchor the deal around that figure. That means that a well-researched opening offer can end up capturing a lot of value for the negotiator right at the beginning. There is also some concern among people that an overly aggressive opening offer will offend the other party. This does happen occasionally, but people have a surprisingly high tolerance for aggressive opening asks in negotiations.
Contact Our Family Law Firm
Remember, no matter what type of negotiations you are involved in, having a dedicated Eagle County, CO divorce lawyer advocating for you will ensure that your best interests will be protected throughout this process. Call our office today to schedule a free consultation.