How do I modify a divorce decree?
In order to modify a divorce decree in South Carolina, the person seeking the modification must file a written request with the family court in the county in which the original decree was issued. The request should specify the changes that are being requested and the reasons why the modifications are necessary. The family court will review the request to determine if it meets the requirements for a modification based on a substantial change in circumstances. If the court finds that a modification is indeed appropriate, it will issue an order granting the modification. A copy of this order must be served on the other party, and could require the filing of further documents or a court hearing to discuss the changes being requested. It is important to note that the parties may also enter into a written agreement to modify the decree, and the court is not required to approve any such agreements until it is satisfied that the modification is proper and in the best interests of the child. Finally, if the court does not grant the requested modification, the party may file an appeal with the court to have the original order amended or vacated. The appeal will be conducted according to the same standard of review as original appeals, and the decision of the court will be based on a review of the applicable law and the facts of the case.
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