Life is unpredictable and often changes without warning. Although court orders are legally binding, the state of California recognizes that there may be instances where an individual needs to modify an order. These modifications are not granted to everyone who requests them, which is why you should consider teaming up with a skilled family lawyer in San Jose.
Whether you lost your job and can’t afford child support, or you’re worried about your child’s current custody situation, our attorney at TDC Family Law offers legal guidance for the order modification process in California.
Serving the state of California for over 34 years, our firm’s founder and head attorney, Tracy Duell-Cazes, is devoted to her clients. She is a certified family law practitioner, which gives her a unique advantage when finding solutions to complex domestic issues. With the help of our compassionate team, everyone works together to provide top-tier legal assistance for people across San Jose. Our firm offers a wide collection of services, including assistance with modifying court orders. If you are searching for a legal team that is committed to their clients, TDC Family Law is the firm for you.
Most court orders are not permanent. This gives individuals the opportunity to request modifications when substantial changes occur in their lives. An individual can petition to modify orders such as:
However, there are some court orders that cannot be changed. Decisions made on the division of property, for example, are final and cannot be modified at any point.
For the court to even consider your petition, you must have a substantial reason that warrants your need for the change. In California, the legal grounds for filing a modification petition include the following:
The most common legal grounds used to change a court order are proving that a “significant change” occurred. You must demonstrate that this substantial change in circumstances has impacted your life and now makes you unable to comply with your current order. Eligible circumstances may vary depending on what kind of order you are trying to modify. Generally, circumstances that the court may recognize include:
Like divorces, individuals involved in a court order can discuss matters outside of court. If they can come to a fair agreement, they can draft a document stating the details of their compromise and send it to the court. A judge must approve the new terms that were detailed, but they can only do so if they adhere to state laws. If the court decides that the new agreement seems fair to all parties and abides by California laws, they’ll modify the current order in place.
If an individual believes errors, fraudulent activity, or a conflict of interest were involved with their court order, they have the right to file a post-judgment motion in some circumstances, especially if this was not known through that individual’s fault at the time of the order. If the court decides to reevaluate the circumstances of the order and finds an issue, a judge can either modify the current order or replace it with a new one.
Prenuptial and postnuptial agreements are legal contracts that address different elements of a couple’s marriage. In some circumstances, an individual may decide that they want to edit some aspects of their marital agreement. However, modifying prenups and postnups is a bit different than trying to modify court orders from a divorce. To modify your marital agreement, both spouses must agree to the change and then sign off on it. You cannot attempt to change any elements of a marital agreement if your spouse does not agree. If you and your spouse both want to change your marital agreement, you can work with a family law attorney to request the modifications you desire.
Requesting to modify a court order presents a variety of challenges. Because of this, it’s beneficial to work with a skilled family lawyer who has experience with cases like these. Our attorney, Tracy Duell-Cazes, has worked on countless family law cases over the past three decades. She has collected extensive knowledge on the order modification process and can help you navigate it. Our firm can assist you in filing petitions to modify, collecting evidence that backs up your claims, and negotiating with judges on your behalf. Whether you’re unsure of how the process works or you don’t know if you have enough evidence, don’t put off seeking help from our certified family law practitioner.
Regardless of what kind of order you are looking to modify, working with a strong legal team can help you achieve your goals. At TDC Family Law, our firm provides personalized legal assistance for each of our clients and their family law concerns. We know that having a lawyer who listens makes a big difference, which is why we pride ourselves on offering legal services that put our clients first.
If you are considering having a court order modified in San Jose, or are looking to learn more about the process, contact TDC Family Law for assistance.
1530 The Alameda, Suite 108
San Jose, CA 95126
TDC Family Law serves the entire state of California for Contempt of Court and Private Settlement Judge & Mediation
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