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Bucher Law Group, LLC

Can I Modify My Divorce Decree in Wisconsin?

Posted on in Divorce/Family Law

Walworth County divorce decree modification attorney

Nothing stays the same forever; the only constant is change. The same can be said when it comes to divorce decrees and the decisions that they contain. In Wisconsin, a divorce decree will include all of the information that is needed to settle a divorce, such as how property is being divided, how child custody has been determined, and whether or not spousal maintenance or child support is relevant for the case. As everyone knows, circumstances can change over time, and what may have been right when the divorce was finalized may not be appropriate for current or future situations. In scenarios such as these, you may need to modify your Wisconsin divorce decree.

Time Requirements For Modifications

It is important to know that you cannot change elements of your divorce decree just because you want to or because you do not like them. You actually need a valid reason to modify your decree, and even then, there are certain things you typically cannot change, such as property division.

The issues you can change, however, have time requirements by which you must abide. In Wisconsin, you are permitted to request modifications to orders for child support, child custody, or spousal maintenance after the orders have been in effect for at least two years. If two years have not passed since a child custody or child support order was entered, you must be able to prove that the current situation is harmful to your child’s physical or emotional well-being.

Proving Circumstances Have Changed

If it has been two years since your divorce decree was issued, you can petition to have the terms of your orders changed. For a court to grant a modification to your order, you must be able to prove that there has been a substantial change in circumstances since the order was entered. With spousal maintenance orders, this could include an increase or decrease to either the payor or the payee’s income. For situations relating to a modification of child support, significant adjustments could include your child’s needs becoming different or a revision to custody orders that would increase or decrease the amount of time the child spends with a parent.

Contact a Jefferson County Divorce Attorney 

Even though you are supposed to wait at least two years after your divorce decree is issued to change any of the terms, it is possible to get a modification of child custody orders if you can prove that the current order is physically or emotionally harmful to your child. After two years, you will still need to prove that significant changes have taken place since the order was entered or last changed to modify child custody, child support, or spousal maintenance. At the Bucher Law Group, LLC, we can help you build a case to have your divorce decree modified. Call our skilled Waukesha County order modification lawyers today at 262-303-4916 to schedule a free consultation.

 

Source:

https://docs.legis.wisconsin.gov/statutes/statutes/767/V/451

 

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