A divorce process in Colorado is a complex undertaking, one that requires you to take sufficient time and assiduousness to deal with all the details and documents needed to complete it. Sometimes, however meticulous you were, you could have overlooked something important that you may want to revisit. Here’s how you can go about it.
Post-divorce modification in Colorado
When a judge issues a final divorce decree, they would have assessed your situation thoroughly by reflecting on your relationship and your current and future life circumstances, including your ability to get a job or support yourself and your children. But, they also recognize that life never stays the same and thus allow for modification.
One reason why a judge might consider changing the terms of your settlement is if the spouse paying or receiving alimony experiences a substantial change in their financial circumstances or if a spouse undervalued or hid property during the division of assets. A judge may also change the terms of a settlement if something happens to your child or the parent with custody that may warrant revisiting the situation.
How to modify your divorce agreement
If you have a strong cause to modify your settlement agreement, you would likely file a motion with the court that granted your divorce. This can be in the form of a written request explaining the reasons for the desired modifications along with documentation to support them.
It’s a good idea to make copies of the documents you filed, including the date the motion will be heard, and send a copy of your petition to your ex-spouse immediately after filing. The judge will look through the information you’ve provided, and if they feel like a modification is necessary, they could consider it or deny the motion. You have 49 days of the written order to appeal the judge’s decision.
Legitimate reasons for an appeal in Colorado
The district court judge in Colorado can allow an appeal if you can show that the judge who presided over your divorce decree modification made a mistake, if there was a misrepresentation of the facts or if the law was misapplied. The appellate division can affirm the family court’s decision, send it back or modify the settlement.
Errors or omissions in your final divorce settlement can greatly impact your life in general. The good news is that you have a chance to correct them in Colorado.