Substantial changes warranting a change in child or spousal support may include relocation, job loss or decrease in income, promotion or increase in income, change in child's age category, change in custody or unsuitable environment
for minor children of the marriage.
Also, if there are
minor children of their marriage they must both agree on the terms of the custody, visitation and child support.
If you have children you must also have a Parenting Plan that makes adequate and sufficient provisions in writing for the custody and support of
the minor children of the marriage.
However, if there is only one
minor child of the marriage, the spouse not filing head of household must file married filing separately.
If there are
minor children of the marriage, the option of filing head of household may be considered.
The complaint includes the full names and birth dates of plaintiff, the defendant and
all minor children of the marriage, the dates of marriage and separation, the grounds for the separation, a statement regarding residency and a brief description of remedies sought.
While co-parenting is not appropriate in all circumstances following dissolution of marriage or legal separation, the general assembly finds and declares that, in most circumstances, it is in the best interest of all parties to encourage frequent and continuing contact between each parent and
the minor children of the marriage after the parents have separated or dissolved their marriage.
(3) During any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of
the minor child of the marriage; attorney's fees; and the preservation of the property of the parties.
They must have lived apart for one year, or, if there is no jointly owned real property and
no minor children of the marriage the couple need only have resided apart for six months.
If there are
minor children of the marriage, a Uniform Child Custody Jurisdiction Act Affidavit must be filed.
A parenting plan describes support and visitation for
any minor children of the marriage.
The role of the Court is to ensure the divorce is fair to both spouses and
any minor children of the marriage will benefit from the terms of the divorce.