How can you modify a divorce that has been finalized in a different state? 14 Answers as of November 05, 2013

If you move to a different state than the one in which the divorce was finalized, is it possible to seek a modification of the order under the new state law after you have become a citizen of that state?

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Law Office of Robert E McCall | Robert McCall
In Florida you file a Petition, along with a certified copy of the Final Judgment you wish to modify.
Answer Applies to: Florida
Replied: 11/5/2013
Law Offices of Frances Headley | Frances Headley
Yes, you should be able to register your judgment in your new state and then bring a motion for modification. You should consult a family law attorney to determine how to proceed.
Answer Applies to: California
Replied: 11/5/2013
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
No. You must file any modification in the state that granted the decree.
Answer Applies to: Washington
Replied: 11/5/2013
Provda Law Firm
Provda Law Firm | Bruce Provda
I think you would have to consult with an attorney from the state in which you got the divorce. Your new state's law probably wouldn't apply.
Answer Applies to: New York
Replied: 11/5/2013
Law Office of Cassandra Savoy
Law Office of Cassandra Savoy | Cassandra Savoy
If the judgement can be modified, you may need to return to the court issuing the judgment.
Answer Applies to: New Jersey
Replied: 11/5/2013
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    No. The case stays in the same state in which the Judgment was entered, and is subject to the laws of that state.
    Answer Applies to: California
    Replied: 11/5/2013
    Oscar E. Toscano | Oscar E. Toscano
    You need to know where the custodial parent is. That is where you should modify it.
    Answer Applies to: California
    Replied: 11/5/2013
    John Russo | John Russo
    No not the order, if you have a PSA then you can modify that, that's why they call it a FINAL JUDGEMENT.
    Answer Applies to: Rhode Island
    Replied: 11/5/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You might be able to modify a child custody arrangement, but you cannot modify the divorce. As a matter of fact, it would be highly unusual to modify a divorce arrangement once it has been finalized and the appeal period has run.
    Answer Applies to: Idaho
    Replied: 11/5/2013
    Abel & Zocolo Co., LPA | Jack W. Abel
    Generally, property division is not modifiable after a divorce. Matters relating to the children are, however. Your out-of-state decree can be registered here and enforced. It can be modified here under certain circumstances, as well.
    Answer Applies to: Ohio
    Replied: 11/5/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    What you are trying to do is change the court's decision. You will have to go back to the state where the decision was made.
    Answer Applies to: New Jersey
    Replied: 11/5/2013
    Diane l. Berger | Diane L. Berger
    You simply have to register the the final Decree in the new state.
    Answer Applies to: Nebraska
    Replied: 11/5/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally not. The other state order will generally control.
    Answer Applies to: Michigan
    Replied: 11/5/2013
    James Family Law Firm, P.C. | Amber Yerkey James
    Your question does not have a simple answer. Jurisdiction to modify a decree from another state depends upon several factors not the least of which is whether your former spouse still resides in the state of the original decree. Further, in some types of cases, the appropriate jurisdiction may be where your former spouse resides, some types of cases it is where the children reside. Your question is highly fact specific and you really need to meet with an experienced family law attorney in your area to discuss all the different possibilities.
    Answer Applies to: Alabama
    Replied: 11/5/2013
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