What is a post-divorce modification?

A post-divorce modification is an alteration to a court order entered after the conclusion of the divorce proceedings. In West Virginia, these modifications are designed to provide adjustments to the court orders that were originally established during the divorce process. The purpose of these modifications is to adjust the conditions of the court order so that it still meets the needs of both parties and to address any changes that may have occurred since the conclusion of the divorce proceedings. Common post-divorce modifications may involve changing the amount of alimony or child support payments due, or modifying the terms of custody and visitation arrangements. Generally, in order to obtain a post-divorce modification, both parties must agree to the change before it can be entered into the court order. If the parties cannot agree, either party may file a petition with the court to modify the court order. The court will then review the situation and decide whether to grant the modification or not. In order to determine whether the court will grant the modification, the court must determine that there has been a substantial change in circumstances since the divorce was finalized and that the modification is in the best interest of the parties involved. Post-divorce modifications can be beneficial in that they allow the parties to adjust the court orders so that they better reflect any changes in the situation since the divorce was finalized. However, they should not be entered into lightly, as they can have a profound effect on the rights and obligations of both parties.

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