What Issues in a Divorce Decree Can Be Modified and What Cannot~ 3 min read

In Missouri, you can modify most parts of your divorce decree that involve children or support if circumstances change. Property division, however, is permanent once finalized. Mediation and the Collaborative Divorce process can help you make these changes more privately and flexibly than traditional court proceedings.

What Can Be Modified

Anything related to your children can be changed if it supports their best interests and if circumstances have significantly changed. This includes legal and physical custody, child support, parenting schedules, school and activity costs, and health insurance. Missouri courts allow modifications so that parenting plans remain practical and continue to work for your family as life evolves.

Maintenance, also known as spousal support, can also be modified. You may request an increase, decrease, or termination of maintenance depending on what has changed and the type of maintenance you were originally awarded. A parent’s health, retirement, job loss, or significant change in income can justify a new order. Maintenance may also end if the receiving spouse becomes self-supporting or begins living with a new partner.

What Cannot Be Modified

Once the division of property is complete, it cannot be changed. That part of your decree is permanent. Even if your financial circumstances shift later, the original property division remains in place.

The only exception occurs if a spouse hides assets during the divorce. In that case, you may be able to file a separate case in equity to recover the undisclosed property. However, these cases can be expensive and time-consuming, and success often depends on how your original judgment was written. This is why it is so important to have your divorce decree written accurately the first time and to disclose everything fully.

Using Mediation or Collaborative Divorce for Modifications

When you need to change parts of your decree, you can use Mediation or Collaborative Divorce instead of going straight to court. These methods allow you and your former spouse to talk through changes privately and create solutions that fit your family’s current needs.

Courts can only issue standard orders that follow strict legal guidelines. Through Mediation or Collaborative Divorce, you can agree to arrangements that are more flexible and creative. For example, you can agree to maintenance that ends on a certain date, a lump-sum payment, or shared responsibilities for future expenses in ways the court cannot order.

Mediation and Collaborative Divorce also help protect your privacy and allow you to reach agreements faster and with less conflict. These approaches often save time and money while keeping decision-making in your hands rather than leaving it up to a judge.

Moving Forward with Confidence

Life changes after divorce and Missouri law recognizes that your original orders may need to change with it. Whether you need to adjust child custody, support, or maintenance, working through Mediation or Collaborative Divorce can help you find solutions that fit your family’s circumstances today.

Contact Family Ally

At Family Ally, we help clients review and modify divorce decrees when circumstances change. Our team uses Mediation and Collaborative Divorce to find practical, respectful solutions that work for your family. Contact Jennifer Piper at 314-449-9800 or contact us online to schedule a consultation and explore your options.

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.

FAQs

1. What parts of a divorce decree can be modified?
Anything related to children, such as custody, support, and expenses, can be modified. Maintenance may also be reviewed if circumstances have changed and depending on the type of maintenance a spouse was originally awarded.

2. What parts cannot be modified?
The division of property is final once approved by the court. Hidden assets may be addressed through a separate equity case.

3. How can Mediation or Collaborative Divorce help?
These approaches allow you to discuss changes privately, reach creative agreements, and avoid the cost and stress of litigation.

4. Can we agree to maintenance terms the court would not order?
Yes. Through Mediation or Collaborative Divorce, you can design solutions such as lump-sum payments or maintenance that ends at a specific time, which the court may not have authority to create.