Legal Question in Family Law in California
changing divorce settlement terms
How do my ex husband and I go about changing the terms of our divorce settlement? We need to do this so that I can refinance. He is willing to extend my support so that my sons and I can stay in the house.
2 Answers from Attorneys
Re: changing divorce settlement terms
A written stipulation stating that a portion of the divorce judgment is modified as follows, then state what is changed. Both parties sign the stipulation and have their signatures notarized. You have a lot riding on this change and should seek the advice of an attorney in preparing the change.
Re: changing divorce settlement terms
If you want to change the judgment, you will have to bring a motion in court for modification by stipulation of the parties. This would be the recommended course as it would be the easiest way to have settlement terms that will be enforceable by the court.
However, if you don't think enforcement of the judgment is necessary, you can simply have a written agreement to change the terms. This written agreement can be legally binding, under contract law, but I would get an attorney to assist you in drafting the agreement to ensure it will be binding and not put you in a position that you will later regret.