How do I modify a divorce decree?

In Montana, a divorce decree can be modified if both parties agree to the change, or if a court decides that a modification is necessary. To modify a divorce decree, either party can file a motion to modify the decree with the court that issued the original decree. When filing a motion to modify the decree, the court will need to know why the change is necessary. If you need a modification to the financial arrangements of the decree, such as child support payments, you must provide evidence and reasons for the proposed changes. The court will then review the joint motion, and both parties may be required to appear in court. If only one party is requesting a change, the other spouse must be served with notice of the motion and given a chance to respond to it. After reviewing the evidence, the court will decide whether to allow the modification or not. If the modification is approved, the court will write a new judgment, and both parties will be bound by the updated rules and obligations. If only one of the parties objects to the modification, the court may deny the request. Therefore, it is important to discuss any proposed changes with your former spouse before filing a motion with the court.

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