Not all issues with a divorce decree fall under a modification

Not all issues with a divorce decree fall under a modification

| May 6, 2020 | Divorce |

Family law proceedings do not always go as people expect. Many Kentucky residents who believe a change to their divorce decrees is needed think that asking a court for a modification is enough and appropriate. That may be true for some issues, but not for everything. In some cases, an appeal to a higher court may be the answer.

For example, you may believe that a Kentucky judge failed to take into account what you believe was an important factor to your case when he or she made a decision. If any of the vital aspects of your decree, such as property division, parenting time or spousal support agreements were not properly decided then you may want to take action.

However, a modification will most likely not be the appropriate course of action under these types of circumstances. So how are you supposed to deal with this issue? Just as is the case in any other civil action, you may appeal the trial court judge’s decision to an appeals court. If the higher court determines that the lower court made a mistake in some way, you will receive relief in accordance with applicable laws.

Does this sound like an easy process? Unfortunately, it has very little, if anything, in common with pursuing a modification. You will need to follow different rules than the lower courts, meet certain deadlines that are much less flexible than in a trial court and more. It often takes attorneys years to become comfortable enough with the divorce appeals process, let alone someone who has limited to no legal knowledge. For this reason, it is advisable not to dive into the appeals process without the advice and assistance of an attorney with significant experience in this area of law.