Can the provisions of a divorce be changed after finalization?

ATTORNEY ANSWER:

A divorce decree can always be modified with respect to child support and alimony.  There has to be a material change of circumstances, however, such as a loss of job, financial setbacks to a self-employed person in a difficult economy, or retirement, to justify a decrease in child support or alimony, for instance.  Conversely, the recipient may seek an increase in child support or alimony because of the needs of the children or a financial or health setback.

The process to change a divorce decree is done through a Complaint for Modification, filed by the party who wants to make the change.  The other party then files an Answer and sometimes a Counterclaim.  Financial documents are then exhanged within 45 days after service of the Complaint and the parties can then begin the process of a negotiated settlement or litigate the case in the Probate Court.

Although child support and alimony can be modified, the original property settlement usually “survives” the divorce judgment and is not incorporated into it.  In other words, the property settlement remains intact as a binding contract, unless the parties specify otherwise in the Separation Agreement.  One exception to this would be where there was fraud, where one party withheld information about an asset or gave misleading information about it.  That might provide grounds to reopen that issue.

Attorney David Rubin is a Dedham Divorce lawyer and provides  representation to clients in communities such as Boston, Boston MetroWest, Framingham, Dedham, Marlborough, Natick, Needham, Newton, Waltham and Worcester.

David L. Rubin, Attorney at Law
Dedham Divorce Lawyer
929 Worcester Road
Framingham, MA 01701
Telephone: (508) 875-9797
Fax: (508) 820-1560