Whether you have recently filed for divorce in Erie County or you have questions about family law in Erie County, it’s important to remember that every circumstance is unique. This means that sometimes, there is not always a clear answer to your inquiry about the divorce process or about family law proceedings. However, by working with an experienced family law attorney who is based out of Erie County, you can ensure that you get the exact answers that you need regarding how to proceed with the Erie County Family Court.

These are some common questions that people have about divorce in Erie County:

What can I do if my former spouse is not cooperating with the divorce settlement? 

Unfortunately, in some cases, a person finds that their former spouse is no longer cooperating with the settlement and is not abiding by the divorce decree. If this happens to you, you have to fill out an application in order to receive a court date. When you go to court, your former spouse will be required to address the allegations that they are no longer abiding by the divorce decree. The judge will make a decision after listening to the hearing.

Can my Erie County divorce order be changed?

You may have found yourself in a situation in which your personal circumstances have changed since the divorce decree was finalized. If you have taken a new job, or if you plan to move to a new state, you may need to have your divorce order changes. All divorce order changes must be finalized by a judge. You cannot take it upon yourself to ignore the divorce decree. Rather, you must submit an application to have the divorce order changed by the judge.

How do I change my divorce order in the Erie County court? 

In order to apply to change your divorce order, you will have to compile and complete a variety of forms. These forms include the Order to Show Cause, the Affidavit in Support of Motion for Contempt, Modification or Enforcement, Affidavit of Service and Proposed Judgment and Order. It should be noted that you may need to compile and complete additional paperwork based on your personal circumstances. For example, if the divorce decree was finalized in a different county or state, other than Erie County, you may need to fill out additional forms. It should be noted that all forms must be filled out in black ink, and you should remember to print as clearly as possible.

Where can I file the paperwork to change my divorce decree in Erie County? 

Once you have filled out all of the forms required to request a hearing to change your divorce decree, you can take the paperwork to the Erie County Clerk’s Office. Within the clerk’s office building, you will want to head to the Actions and Proceedings Department. You will have to pay a filing fee at this time as well.

As another option, you can take your paperwork to the Chief Clerk’s Office in Buffalo. At this office, you can verify the name of the judge who will be hearing your case. You will be given further instructions for filing your paperwork with the judge at that time.

What is the process after the paperwork has been filed? 

Once the paperwork has been filed correctly in the appropriate location, it will be sent to the judge’s office and will be subsequently reviewed by the judge’s staff. The staff members will confirm that it is properly filled out, and the judge will sign the order. Once the order is signed, the judge will provide you with further instructions regarding serving your former spouse the papers and scheduling a court date.

Will I have to go to court to change my divorce decree in Erie County? 

Yes, both you and your former spouse will have to appear in court before the judge. Ultimately, the judge will decide whether the divorce decree can be changed based on the evidence provided at the hearing.

Regardless of your personal circumstances, divorce can be a challenging situation to navigate. To learn more about the divorce process in Erie County and to learn more about the options available to you through the Erie County Family Court, contact an experienced family law attorney who is based out of an Erie County law firm today.