When Can You Seek to Revise the Terms of Your Divorce?

A divorce decree can be modified in two ways: by appealing an adverse decision to the California District Courts of Appeal, and by filing a motion to modify the decree. An appeal is filed with the appropriate District Courts of Appeal, and a motion to modify is filed with the the court that issued the decree in the first place.

Filing an Appeal

If you are dissatisfied with your divorce decree, you can file an appeal with the California District Courts of Appeal with jurisdiction over the lower court that issued the original decree or with the with District Courts of Appeal with jurisdiction over you and your spouse’s place of residence, as long as you meet the applicable deadline.

Time Limitations

The deadline for filing an appeal depends on how the case was classified. If it is classified as a “limited civil case” (no more than $25,000 in dispute), you have 30 days after you receive notice of your decree in the mail or 90 days after the court enters the judgment, whichever comes first. If the amount in dispute is more than $25,000, you have 60 days after you receive the notice or 180 days after the entry of judgment, whichever comes first.

If you miss the deadline, your motion for appeal can be dismissed. That might not be the end of the road for you, however.

Appeal Process

To appeal, you must file a formal motion to appeal and then deliver a written or oral argument in support of your position (your spouse will have his or her say as well). The District Courts of Appeal will give great deference to the decision of the lower court, which means that your appeal is unlikely to succeed unless you have a very good reason for it – if you can prove that your spouse hid marital assets, for example. Even then, there is no guarantee of success at the appeals level.

Filing a Motion to Modify

A motion to modify a divorce decree can be filed instead of an appeal, or it can follow an unsuccessful appeal. You file a motion to modify with the court that issued the original divorce decree. You are not subject to the strict time limitations that apply to an appeal, and the process is usually simpler and quicker. You will have an opportunity to argue your side of the case, as will your spouse.

Generally, a court will not grant a motion to modify unless the circumstances upon which the original decree was based have changed. If you lost your job, for example, you might seek to have alimony payments lowered. Some modifications are only temporary in nature, while others are permanent.

Get Started Now

If you are considering the possibility of joint custody, you are going to need to make an informed decision rather than a hasty one. To explore your options, call 909.204.7920 directly, fill out our online contact form, or stop by one of our offices in Rancho Cucamonga, Riverside, and Los Angeles.