Changing the Terms of Your California Divorce Decree
Most people assume that once a divorce decree – called in California the “Final Judgment of the Dissolution of Marriage” – has been filed, the terms of their divorce are set in stone. Generally, that is true, but it isn’t always the case. It may be possible for one party to seek a modification of some or all of the terms of a divorce settlement agreement.
There are three distinct ways to change a divorce judgment:
- Mutual agreement
- Appealing the judgment
- Filing a motion to modify the terms of the decree
If you are looking to move forward with a modification, it is helpful to understand how these options work and the type of evidence needed to build your case.
Mutual Agreement
In California, if both former spouses agree to change parts of their divorce judgment, they can usually move forward — but they still need the court’s approval for the modification to be enforceable. The simplest path is to put the new terms in writing and file a stipulation and proposed order with the family court that issued the original decree. The parties should clearly spell out what changes they want (for example, child custody/visitation, child support, spousal support, or payment schedules for certain obligations) and sign the agreement. Then they submit it for a judge to review and sign; once the judge signs and files the documents, the new order replaces the old terms on those issues.
If children are involved, the court will focus on the child’s best interests for custody/parenting changes and will ensure support terms comply with California’s guidelines and required disclosures; a judge can reject an agreed change that does not meet those standards. For property division, changes can be harder after judgment because California treats property orders as largely final.
Appealing a California Divorce Judgment
An appeal is an official review with a focus on potential legal errors. Appeals of divorce decrees are possible, but they usually require one party to prove either that the superior (trial) court judge misapplied the governing laws or that the original judgment was somehow tainted by one party’s bad faith. Examples of bad faith can include:
- Hiding assets
- Misleading the court about one party’s mental or physical well-being (or the physical, mental or educational needs of the party’s children)
Even if there is bad faith present, sometimes appeals courts will not allow parties to introduce new evidence at the appeals stage. Most appellate decisions are based on an appeals court judge examining the record compiled by the trial court and ensuring that the lower court correctly applied the statutes and case law that were in effect at the time of the decision.
Appeals are also usually not granted if both parties agreed to the terms of the divorce settlement agreement, even if one party acted innocently by relying on false information purposely supplied by the other. This does not mean that a wronged party will have no means of recourse to escape from an unfair decree, though. Even if a decree cannot be voided on appeal, it might still be possible for a modification to be granted.
Modifying the Terms of a California Divorce Judgment
If the problem isn’t a legal error, seeking a modification may be the better option, especially when the request is based on a change in circumstances. To pursue a modification, the party requesting the change files a motion with the judge who approved the original order.
Modifications are often easier to obtain than an appeal. They are typically less expensive, faster and allow the court to adjust specific parts of the judgment without undoing the entire order. It is wise to consult legal counsel, since filing mistakes can lead to unintended consequences.
Parties commonly request modifications to divorce judgments when new circumstances affect key terms such as child custody, child support or alimony. For example, if the court orders one party to pay alimony but that party later loses their job, the court may temporarily modify the payment terms to reflect the reduced income.
Common reasons and outcomes for a modification include:
- A significant change in income (job loss, raise, disability)
- Changes in a child’s needs or living situation
- Relocation of one parent or a change in parenting schedules
- Adjusting child support amounts or payment terms
- Changing custody arrangements
- Adding, removing, or revising spousal support (alimony) provisions
Modifications do not have to be temporary or limited in scope. They can also be permanent and make substantial changes to the original divorce arrangement.
Evidence to Build Your Case
The court will require evidence that circumstances have changed before it will grant your request. Simply claiming that something is different is not enough. You must show the judge clear, concrete evidence that demonstrates the change.
Examples of evidence you can present in court include:
- Recent pay stubs
- A recent tax return showing income changes
- Proof that your partner started a new job, such as a screenshot of their LinkedIn profile
- A termination notice or other documents confirming job loss
- Copies of unemployment benefit checks or benefit statements
In some situations, witness testimony supporting the change in circumstances can also help.
Modifiable Orders (The “Living” Category)
Most orders involving the ongoing needs of children or the fluctuating financial status of spouses are modifiable. To change these, you must typically prove a “Material Change in Circumstances.”
- Child Support
- Child Custody and Visitation
- Spousal Support (Standard)
The evidence outlined above can help build a case to change the terms in these situations.
Non-Modifiable Orders (The “Final” Category)
These orders provide finality so that both parties can move on with their lives without the threat of future litigation. As such, it is more difficult to modify the following:
- Property Division
- Waiver of Spousal Support
- Terminated Jurisdiction
It is also important to review the language of the Decree. In many cases, this can provide valuable information on whether or not the courts will approve a requested modification.
What Happens if the Divorce Decree Modification is Denied
In California, a denied divorce decree modification request often results from failing to establish a significant change in circumstances or missing procedural requirements. To remedy this, you can file a new motion with updated evidence, correct the paperwork (if rejected due to errors) or file an appeal if the denial was the result of a legal error.
If you find yourself stuck with a now-unfair or unworkable divorce judgment, it may be possible to get relief by filing for an appeal or modification. Speaking with an experienced divorce attorney in your area is an excellent way to get more information about legal steps to take to change a divorce decree.