How to Modify a Divorce Decree After Moving to a Different State
- 1). Hire a lawyer in the state where the children live or the state where your ex lives. The case will be heard in that state, so you need a lawyer who is licensed to practice there. Look for a lawyer who will do a consultation over the phone and who is prepared to work with you over a distance.
- 2). Explain to the lawyer exactly what you are seeking to change. Make a detailed list of items. Mail or fax one copy to your lawyer and keep the other copy for yourself.
- 3). Copy all of your divorce paperwork for the lawyer. Mail these to the lawyer, along with any supporting documentation the lawyer requests, such as pay stubs or income tax returns.
- 4). File the request for modification. You lawyer will turn this in at the courthouse for you and ensure that your ex gets served.
- 5). Purchase a plane ticket for the court date. In many states, such as Massachusetts, you are required to be at the court hearing unless you and your ex have come to a settlement before the date. If you believe that you may come to a settlement, purchase a refundable plane ticket.
- 6). Attend the court hearing. Explain your needs calmly and rationally.
- 7). Wait for the verdict. If the judge does not modify the agreement, or if the judge modifies it is a way that you did not want, consult with your lawyer about the possibility of an appeal.
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