Modifying A Divorce Agreement in Pennsylvania

Child custody, asset distribution, and spousal support are determined after careful consideration. You may think that modifying a divorce agreement is impossible, and while the process is difficult, a dramatic turn of events can warrant the adjustment of certain aspects of the arrangement. Perhaps you have recently lost your job, or maybe it was discovered that certain assets belong to you through inheritance. The Pittsburgh, PA divorce lawyers at Pittsburgh Divorce & Family Law, LLC know how these agreements work and how they can be altered. When an order needs to be modified, one spouse may object, making the process much more difficult, but attorney Anthony Piccirilli will guide you through the process, ensuring your case is presented in the best possible light.

Why Modify A Divorce Agreement?

Whether they are drafted by a judge or a lawyer, divorce arrangements are only finalized after careful consideration. As a result, most courts are not in the habit of frequently modifying the terms of these arrangements. A divorce agreement can only be modified if there has been a substantial change, referred to as a material change in circumstance. When an alteration is being sought, the burden of proof lies with the party seeking the modification. First, they must prove that a change in circumstance has occurred. From there, evidence must be provided that supports the arrangement being altered.

Changes in circumstances that might warrant a divorce agreement being modified include, but are not limited to:

• One spouse has obtained a job with a much higher income
• One spouse has lost their job for whatever reason
• It can be proven that spousal support funds are being spent on illegal substances
• The emergence of information that proves that an asset is an item of inheritance
• A spouse is suffering from a physical illness or mental condition

Filing a Complaint to Modify a Divorce

Once you are confident that you can establish grounds for modifying your divorce agreement, you must file a petition with the court that finalized your original arrangement. After this document has been submitted, you must inform your ex that the case has been reopened. This can be done either in person or through the mail. At this point, the case will progress in a way that was similar to the original divorce. If both spouses can agree that the arrangement should be modified, the case does not need to involve a hearing. If on the other hand, one spouse is opposed to the changes, both parties must appear before a judge. Here, each party, ideally with their divorce modification lawyer, will attempt to convince the court that the changes are either warranted or unjustified. The changes may be approved shortly after. If they are not, the petitioning spouse may be fined for wasting the court’s time.

FAQs About Modifying Divorces in Pennsylvania

Can a divorce agreement be changed after the divorce is finalized?

Yes, a divorce agreement can be modified after it is finalized, but only under certain circumstances. Pennsylvania courts require a material change in circumstances to consider modifying terms such as custody, support, or asset distribution.

What qualifies as a material change in circumstances?

Examples include a job loss, a significant income increase, a serious health diagnosis, misuse of support payments, or the discovery of new inheritance-related assets. The change must be substantial and impact the fairness of the existing agreement.

Do both spouses have to agree to the modification?

No, both parties do not have to agree. If one spouse opposes the modification, the requesting party must present evidence in court to justify the change. If both spouses agree, the process is typically faster and may not require a hearing.

How do I start the process of modifying my divorce agreement?

You must file a petition or complaint with the court that handled your original divorce case. After filing, your ex-spouse must be officially notified, and the case may proceed similarly to a standard divorce hearing.

Can child custody arrangements be modified in Pennsylvania?

Yes, custody orders can be modified if it’s in the child’s best interest and circumstances have changed—such as relocation, changes in living conditions, or concerns about a parent’s ability to care for the child.

Can spousal support be reduced or increased after divorce?

Yes, spousal support can be modified if there is a significant change in income, employment status, or health. The court will evaluate the new circumstances before deciding whether to approve the adjustment.

What happens if the court denies the modification request?

If the court finds that the modification is not warranted, it may reject the request. In some cases, the filing party could be penalized with court costs or fines for filing without proper cause.

Is there a deadline for requesting a modification?

There’s no strict deadline, but you must file as soon as the change in circumstances becomes evident. Delays could affect the credibility of your case or limit your chances of approval.

Do I need a lawyer to modify my divorce agreement?

While it’s not legally required, working with a skilled divorce modification lawyer—especially if your ex objects—can help you present a stronger case, gather appropriate evidence, and avoid procedural mistakes.

Can a property settlement agreement be changed after divorce in Pennsylvania?

In most cases, property settlement agreements are considered final and cannot be modified, even if circumstances change. However, if there was fraud, misrepresentation, or coercion involved when the agreement was made, a court may consider setting it aside.

What’s the difference between modifying a divorce agreement and appealing a divorce judgment?

Modifying a divorce agreement involves changing specific terms due to new circumstances. An appeal challenges a legal error in the original ruling and must be filed within a limited timeframe after the divorce is finalized.

Can we modify our divorce agreement without going to court?

If both parties agree to the changes, they can draft a new agreement and submit it to the court for approval. However, court approval is still required for the modification to be legally enforceable.

What if my ex refuses to comply with the modified order?

If your ex is violating a court-approved modified agreement, you can file a motion for enforcement. The court may impose penalties, including wage garnishment, contempt proceedings, or other legal consequences.

Are modifications harder if the original divorce was uncontested?

Not necessarily. Regardless of whether your divorce was contested or uncontested, modifications depend on current circumstances—not how the original agreement was reached.

Contact Pittsburgh Divorce & Family Law, LLC Today

If you are attempting to modify your divorce agreement, it can feel overwhelming. After all, you only want an arrangement that accurately reflects the dramatic changes that have occurred since the divorce was finalized. The Pittsburgh divorce lawyers at Pittsburgh Divorce & Family Law, LLC understand that situations change in people’s lives and we are here to help. You may not know where to begin when it comes to proving that your arrangement should be changed. Attorney Anthony Piccirilli can coordinate the meetings between you and your spouse and will strive to ensure that any changes to your divorce agreement are reasonable and reflect your current circumstances.

Call (412) 471-5100 or contact us online now to see how your rights can be protected.