Can you fight your ex-spouse’s request for modification?

On Behalf of | Sep 30, 2022 | Divorce |

Once you finalize your divorce decree and complete the lengthy separation process, you likely feel that those turbulent times are behind you. If your ex-spouse decides to request a modification to your divorce terms, however, you might find yourself fighting for your rights once again.

There are some matters, such as the division of marital assets, which are final after the court makes its decision. By understanding the other reasons why your spouse might request a modification, you can take the appropriate steps to fight against that request.

Why your ex-spouse might request a modification

Your ex-spouse might attempt to reopen the issue of property division on the basis that hidden marital assets are in play or that a business valuation is inaccurate. If you share a co-parenting arrangement, your ex-spouse might also request a modification to your child custody agreement. Whether their intentions are well-meaning or hostile, your co-parent might try to take on more parenting time or gain more decision-making power.

How you can fight against a modification request

When your ex-spouse requests a divorce modification, you will receive notification and an application to attend a hearing on the matter. In regards to child custody, Minnesota statutes on the modification of an order state that the court will not modify the existing decree unless it is in the child’s best interests or both parents agree to the modification. When you attend the hearing, you can exercise this right to make it known that you do not agree to the request and that your child will better thrive under the current order.

The court strives to protect the rights and responsibilities of both individuals in a divorce arrangement. Modification will not take place without giving you a chance to speak on the matter.

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