Legal Question in Family Law in Alabama

How can I file for modification of divorce decree?


Asked on 3/23/10, 9:58 am

1 Answer from Attorneys

James Coleman Murchison & Howard, LLC

If the decree is less than 30 days old you can file a motion to alter amend or vacate the decree under Rule 59 Alabama Rules of Civil Procedure. After 30 days, you can only ask to modify those things over which the court reserved jurisdiction for later (Usually only child support and custody) To do that, you have to file a differerent suit or "point". THis requires a filing fee and is esentially a second law suit. There are standards that have to be met to do something like change custody which are quite stringent. You have to be able to show the court that the improvement in the welfare of the child would be so great as to overcome the disruptive effect of the change. An improvement in the situation of the non-custodial party is not enough. Good luck.

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Answered on 3/29/10, 4:58 am


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