How Does Remarriage Affect My Divorce Agreement?
Remarriage could potentially affect certain aspects of your divorce, such
as child custody and spousal support. After a divorce is complete, both
individuals are free to remarry. Remarriage would not necessarily impact
child custody unless the new spouse adversely affects the child. For example,
if a parent with partial or total custody remarries someone who endangers
the child, the other parent could potentially petition for a modification
to child custody.
Remarriage is most likely to affect a spousal support order. In order to
petition for a change or end to spousal support in California, the petitioner
must show a substantial change in circumstances, and remarriage could
fit that criteria.
The California Courts also state that,
"Spousal or partner support also ends if your former spouse or domestic
partner remarries or enters into a new domestic partnership. You may need
to have a new Earnings Assignment Order for Spousal or Partner Support
prepared with a $0 amount. You can also make an application on your own
(called an "ex parte" application) to end the wage assignment
if your spouse passed away or remarried or if the support payments have
not been delivered to your ex spouse for over 6 months because your employer
or the child support agency has not had a current address for your spouse."
If you need to petition for a modification of your divorce agreement because
your ex remarried, we invite you to contact our
Rancho Cucamonga divorce lawyers today for a free evaluation of your case.