Navigating Post-Divorce Changes: Your Trusted Legal Partners
Life doesn’t stop after a divorce decree. At Herrling Clark Law Firm, Ltd., we understand that circumstances change, and sometimes court orders need to follow suit. As experienced lawyers for divorce, we’re here to guide you through post-divorce modifications with the same dedication and expertise we bring to initial divorce proceedings.
When Changes Occur, We’re Here To Help
Our team of experienced divorce lawyers can assist you with various post-divorce issues, including:
- Child Support Modifications: Whether you need an increase or reduction based on a substantial change in circumstances, we’ll advocate for fair adjustments.
- Legal Custody or Physical Placement Updates: If your family situation has evolved, we can help modify court orders to better suit your children’s needs.
- Alimony/Maintenance Revisions: We’ll work to ensure support payments remain appropriate as your financial circumstances shift.
- Enforcement of Court Orders: If your ex-spouse isn’t complying with existing orders, we can help pursue enforcement or contempt actions.
If you’re struggling to comply with an existing order or need to pursue changes, don’t take matters into your own hands. Our skilled family law attorneys can guide you through the legal process of seeking appropriate modifications.
Our attorneys can help you with the following family law:
FAQs
In Wisconsin, most divorce orders regarding children or financial support are “living documents” that can be modified when life changes significantly. However, there are timing rules:
- Legal Custody/Physical Placement of A Child: Generally cannot be modified for two years after the final judgment unless you can prove the current arrangement is physically or emotionally harmful to the child.
- Support & Maintenance: Can be modified at any time if there is a substantial change in circumstances (e.g., job loss, significant raise, or remarriage).
- Property Division: Unlike support or legal custody/physical placement, the division of assets and debt is almost always final, and can only be modified in very rare circumstances once the divorce is granted.
Yes, spousal maintenance (alimony) can be modified or terminated unless your original divorce judgment explicitly stated it was “non-modifiable.” Common reasons for a change include:
- The paying spouse experiences a significant, involuntary drop in income.
- The receiving spouse remarries (which, under Wisconsin law, typically ends maintenance automatically).
- A significant change in the health or financial needs of either party.
The timeline on post-divorce modifications depends heavily on whether the parties agree, amongst many other factors.
- Agreement (Stipulated): If both parties sign a written agreement (stipulation), a judge can often sign off on it within a few weeks without a formal hearing.
- Disagreement (Contested): If the change is fought, the process involves filing motions, potentially attending mediation, and a court hearing. This can take 3 to 6 months, or longer depending on the court’s calendar and many other factors.
No. While mutual agreement makes the process faster and less expensive, one party can petition the court for a modification unilaterally. If you can prove to a judge that a “substantial change in circumstances” has occurred and that the modification is in the best interest of the children (if applicable), the court can order the change even over the other party’s objection.
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