Fort Myers Family Law Modification Attorneys Supporting Families
Life can be unpredictable after divorce. Dissolving your marriage can lead you to shift careers, move locations and go through financial hardship. With all these changes, if you believe your current family court orders no longer fit your situation, consider filing for a modification.
Divorce decree modification is possible in Fort Myers, Lee County and surrounding areas, provided that you follow the correct legal process. Patrick McLain Law is a boutique firm based in Fort Myers. With more than 20 years of combined experience, our modification lawyers handle all family law matters personally. You can expect us to find solutions for difficult problems while always being prepared to go to trial.
Types Of Family Court Orders We Can Modify In Lee County And Surrounding Areas
Under Florida law, you can motion to modify court orders addressing child support, spousal support and parenting plans. For child support and alimony, the courts may approve modification when the requesting party shows substantial, permanent and involuntary changes. These can include sudden job loss, income shift and medical crisis.
Meanwhile, life changes that directly impact a child’s well-being are grounds for modifying finalized parenting schedules. Common reasons are parental relocation, unstable work schedules and the child’s evolving needs.
How Long Does A Family Law Modification Take In Fort Myers?
Divorce decree modification in Fort Myers, Lee County or the surrounding area may last between three to 12 months. This projected period can still vary depending on whether the requested changes become uncontested or contested cases.
If you and your ex-spouse agree on the modifications, the courts may finalize matters within a few weeks or months. Should both parties disagree, the process can last more than a year. Contested cases often involve mediation and court scheduling if necessary.
Furthermore, the case is different for emergency modifications, which often involve child custody plans. A judge can oversee a sudden modification request and finalize terms within days, especially when a child faces immediate danger.
What Happens If My Ex-Spouse Agrees To The Modification Outside of Court?
If you and your ex-spouse agree to a modification outside of court, you may think this is the best way to move matters forward. But this seemingly amicable agreement is unenforceable. A presiding judge can only approve a modification request if the filing party formally submits a motion in court.
Informal agreements are not final, and they introduce legal risks. If your ex-spouse changes their decision, they can demand any missed payments or sue you for neglecting parenting schedules. Because the original order remains effective, the courts can enforce it and hold you responsible for any unfulfilled obligations.
Learn More About How To Modify A Parenting Plan In Lee County Or The Surrounding Area
Florida law can be challenging to understand, but we are here to help. If you need guidance on modifying a final family law judgment, our lawyers at Patrick McLain Law can assist you. They will answer your questions about the matter and help you prepare thoroughly to submit papers in court. Call 239-737-3735 or fill out our online form to schedule an appointment with us.