How Can I Change the Property Settlement in My Divorce?
Full Question:
Answer:
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
It is possible you may contract with a former spouse to voluntarily release her claim to proceeds of a property settlement in a divorce. To be enforceable, contracts require that something of value (referred to as consideration) is given in exchange for the other party performing her end of the deal. You may also need to fill out a form with the annuity and/or thrift company, regarding a transfer of rights, according to the policy of the entities involved. I suggest contacting the entities to inquire about applicable procedures.
