by Robin Roshkind, Esquire, West Palm Beach, Florida
Yes. A marital settlement agreement and court order of divorce can be changed by AGREEMENT OF THE PARTIES or by COURT ORDER. A court order will be the result of a PETITION FOR MODIFICATION OF FINAL JUDGMENT. It has to be based upon a substantial, material change of circumstances. You would have to prove such a change requires a modification at the POST DISSOLUTION TRIAL.
However, there is an EXCEPTION…once property and debts are divided in divorce court, or even by agreement of the parties, that part of the final judgment is a done deal. Spousal support (alimony) and children’s issues (time sharing, child support) can be modified. Division of assets and debts cannot.
For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.