There could be instances when the final judgment in a divorce case does not satisfy either or both parties, or there is a significant change in circumstances that warrants a modification. One remedy is for the unsatisfied party to file a “motion to modify” the court’s judgment. This can be done in the same court where the petition was originally filed and decided.
If the party decides to be self-represented and forego hiring a lawyer, that party must satisfy the court with their explanation as to why they did not use their available resources to avail of the services of an attorney [Marriage of Falcone & Fyke (2012) 203 CA4th 964, 975, 138 CR3d 44, 57].
Postjudgment modifications to a divorce decree most often may cover issues on visitation rights, child custody, properties, child support, or spousal support. However, if property settlements have been merged with the dissolution judgment, it can no longer be modified and is deemed final.
Motions for modification can be just as complex as the original divorce proceedings. There are issues that may only be properly addressed with the help of an expert in divorce and family law, that’s why it is better to go through the process with the help and guidance of one.