Divorce Agreement Modification

Types of Divorce Proceedings

The judicial divorce proceeding can be contentious or by mutual agreement. In the first case, one of the spouses initiates the divorce lawsuit against the other, and in the second case, the lawsuit is filed by mutual agreement.

When the lawsuit is filed by mutual agreement, it is accompanied by a Regulatory Agreement, a procedure that consists of a pact between both spouses regarding the measures that will regulate the divorce.

Modifications of Regulatory Agreement Measures

After some time has passed since the divorce, a modification of regulatory agreement measures may arise.

The judicial procedure for this change is autonomous and is known as modification of measures, which will be accepted in one of the following cases:

• The changes are substantial and permanent over time
• They must be legally supported by facts subsequent to the original divorce proceeding
• Serious harm in maintaining the agreed measures
• The modification can be proven by the spouse requesting it

Legal requirements for modification

For a modification to be accepted by the court, it must meet specific requirements that guarantee the protection of the rights of all parties involved.

Evidentiary Report for Divorce Agreement Modification

When a client wishes to initiate a motion to modify measures, they must provide the courts with an evidence report prepared by a group of expert detectives, who support the motion and ratify it if necessary.

A motion to modify measures by mutual agreement may arise, for example, when the economic or personal circumstances of one of the spouses change and an evidentiary report of the case is generated.

Detective Actions to Support Modification of Measures

To focus the investigation, detectives will advise the client to provide specific information about the ex-spouse, such as:

• Their employment history
• Romantic relationships
• Occupation
• Lifestyle
• Notable changes
• Others that may be of interest during the proceeding

Investigation of hidden income

Furthermore, the detective will investigate according to the plaintiff's interests, regarding hidden or additional income that may modify the pension.

When the intention is the extinction of the pension, it will be verified that the children are economically independent.

Changes in custody and visitation regime

They will also act in cases of changes in the minor's custody or changes in the visitation regime, allowing the plaintiff to maintain a less supervised and controlled approach during the time they share with their children.

Sentence Modification Process

In the case that a change is desired in the divorce sentence, a motion to modify measures will be carried out by the plaintiff and before the pertinent authorities, where the family law attorney alleges the changes, and the detective service provides the evidence.

Necessary documentation

• Detailed report from private detectives
• Updated financial documentation
• Evidence of changes in circumstances
• Psychological reports if applicable
• Third-party testimonies

Deadlines and Legal Procedures

It is important to know the established deadlines to file a modification of measures, as well as the legal procedures that must be followed to guarantee the success of the motion.

Our team works closely with lawyers specialized in family law to ensure that all legal and procedural aspects are adequately met.

Conclusion

If you want to hire our detectives for a divorce agreement proceeding, you just need to contact us through this online page.

At Private Detectives O'Callaghan, we have the necessary experience to provide solid evidentiary reports that support any modification of measures, always within the legal framework and with the utmost professional rigor.