Caring Counselors | Aggressive Litigators Free Initial Consultation

Can I Modify a California Divorce Judgment?

Life changes after a California divorce, and sometimes those changes make an existing divorce judgment unfair or impractical. Fortunately, it is possible to get a post-judgment modification under certain circumstances. 

The simplest of these is if you and your ex-spouse agree that something in your judgment should change. A very common example is parenting time, as parents' and children's schedules may change and a new parenting time schedule may work better for everyone. If you and your ex-spouse can agree on a modification of your divorce judgment, you can submit your proposed modification to the court and the judge will likely order the change you request. 

If you and your ex-spouse disagree on the need for a modification, the party who seeks the change will have to file a motion with the court and demonstrate a significant change in circumstances, especially with regard to child custody and parenting time. This is necessary in order to provide stability for California children whose parents are divorced, so that their living situation is not constantly changing. Child support can also be modified post-judgment according to the California child support guidelines. If custody or parenting time changes significantly, a change in child support is probably also warranted and appropriate.

A property settlement in a final judgment of divorce cannot generally be modified, but if an asset was not disclosed during the divorce, courts in San Diego and other California courts allow you to return to court to address the undisclosed or omitted asset or debt.  

San Diego Bar AssociationSection of Family LawCalifornia State Bar Family Law American Bar Association Avvo Clients' Choice 2014