Terenzini & Lucero, LLC
Terenzini & Lucero, LLC

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Is it possible to modify division of property post-divorce?

On Behalf of | Dec 14, 2023 | Divorce, Property Division |

In Maryland, property division agreements can be used to distribute marital assets and debts in a fair and equitable manner. The law takes into account the contributions and earning capacities of both spouses. These agreements can either be a part of the divorce settlement or served as a standalone document. They can address various issues, such as the division of real estate, retirement accounts and personal property.

But what if your circumstances change after closing the divorce proceedings? Is it still possible to modify the property division agreement?

You may still be able to modify the agreement

In Maryland, the law allows for post-divorce modifications. However, this is only if there has been a substantial shift in your circumstances. This can include a wide range of events, such as changes to:

  • Your income or employment status
  • The value of your assets or debts
  • Needs of the parties or your children
  • Custody or living arrangements of your children

Your request for modification must also be fair and reasonable. This means that in addition to the changes in your situation, you must also prove that your request for modification is necessary to ensure your fair and reasonable share of the marital assets.

How do you modify a property division agreement?

If you are seeking a post-divorce modification in Maryland, you will need to follow the following steps:

  • Meet the legal grounds for modification: You will need to show that there has been a substantial change in circumstances and that the modification is fair and reasonable.
  • File a petition for modification: You will need to file a petition for modification with the court, stating the grounds for the modification and the relief you are seeking.
  • Serve your spouse: You will need to serve your spouse with the petition and a summons, giving them notice of the modification proceedings.
  • Attend a hearing: Both you and your spouse will need to attend a hearing in court, where you will present evidence and arguments in support of your requested modification.
  • Obtain a court order: If the court grants your petition, it will issue a new order modifying the property division agreement.

To ensure a fair and reasonable outcome, it would be wise to consult an attorney who can advocate for your rights.

Post-divorce property division modifications can be complex and emotionally challenging, but they can also provide a way to address unexpected circumstance in your life. Whether you are dealing with a change in income, a job loss or other unforeseen twist of fate, seeking a modification to your property division can help you adapt to these changes.

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