How do I modify a divorce decree?

In Rhode Island, you may modify a divorce decree if there is a substantial change in circumstances. The court will look at a variety of factors in determining if there has been a substantial change in circumstances, including but not limited to changes in income and/or employment, a significant change in the parties’ respective living situations, a change in either of the parties’ health, and any other consideration that the court deems relevant. To modify the divorce decree, the party who is seeking the modification must file a Motion for Modification. The motion must be filed in the court that originally handled the case. A hearing will be held to determine if the motion should be granted. At the hearing, the court will consider the reasons why the change in circumstances has occurred and determine whether the modification is in the best interest of the parties and their families. If the court grants the Motion for Modification, language will be added to the divorce decree that reflects the changes requested in the initial motion. The court order will then become the new legal agreement between the parties. It is important to note that the original terms of the divorce decree remain in effect until the court grants the motion for modification. Therefore, any payments that were due under the original divorce decree should still be made until the modification is approved. If you need any additional assistance or clarification related to modifying a divorce decree in Rhode Island, it is recommended that you contact an experienced family law attorney.

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