Post-Divorce Modification Lawyer In Grand Rapids
Last updated on January 21, 2026
Even after spouses finalize their divorce, they can still make adjustments to their post-divorce agreement. However, Michigan family courts don’t always approve these requests easily. To receive approval, spouses must demonstrate a meaningful change in their lives that makes adjusting their initial agreements necessary.
When spouses seek to advocate for post-divorce modifications, they can count on lawyer Mike Toburen from Toburen Law PLC. He can offer his clients sound and educated advice on how to position their request in front of a judge and create a compelling and convincing case that helps them pursue their goals.
Why Do People Ask For Post-Divorce Modifications?
In Michigan, the legal standard for modifying an existing order requires showing “proper cause” or a “substantial change in circumstances.” This high threshold ensures that court orders remain stable unless a significant, nontemporary life event necessitates a shift. Common scenarios where Mike Toburen assists clients in Grand Rapids include:
- Financial shifts: Significant changes in income, job loss, or the remarriage of a spouse receiving spousal support (which often terminates the obligation under MCL 552.13).
- Child-related needs: As children grow, their needs evolve. Parents often seek modifications for significant health or medical issues, educational expenses, or substantial changes in child care costs.
- Custody and parenting time: If a parent’s work schedule changes significantly or if a major shift occurs in the child’s environment, the original schedule may no longer serve the child’s best interests. Note that while the court considers a child’s preference as they mature, this preference is only one of twelve “Best Interest Factors” and typically requires other circumstantial changes.
- Relocation: Under Michigan’s “100-mile rule” (MCL 722.31), the law generally prohibits a parent who shares legal custody from relocating the child’s primary residence beyond a 100-mile radius.
These life changes often prompt families to seek formal adjustments to their legal arrangements to better reflect their current reality. When these changes involve moving out of state, an attorney can also address the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to determine which court holds the authority to modify your order.
Collaborative Solutions For Post-Divorce Changes
Many people assume that changing a court order requires a high-conflict trial. However, families can often manage post-divorce issues through collaborative law or mediation. As a certified divorce mediator and collaborative divorce attorney, Mike Toburen helps clients address these changes through nonadversarial methods.
By choosing a collaborative approach, you and your former spouse can reach an agreement on new support amounts or custody schedules in a private setting. Once you reach an agreement, Mike will prepare and file the necessary paperwork to obtain a signed Stipulated Order. This makes your mutual agreement a legally binding court order, providing the same enforceability as a judgment from litigation.
Why Courts Might Deny The Request
The Michigan legal system prioritizes finality and the “best interests of the child.” A judge may deny a request if:
- Lack of threshold: The judge deems the change minor, temporary or expected rather than a “substantial” shift in circumstances.
- Voluntary changes: The court believes a spouse intentionally reduced their income to avoid support obligations (voluntary underemployment).
- Procedural errors: The request did not follow Michigan Court Rules (MCR), such as proper service of process or filing deadlines.
- Evidence gaps: The petitioner provided insufficient documentation to prove the necessity of the change.
Working with a local attorney is important to ensure your petition includes the specific evidence, such as financial records, medical documentation or school reports, that Michigan judges require. If the court finds your initial evidence sufficient, you will likely attend an evidentiary hearing where the judge reviews the facts before making a final ruling. If a judge rejects your modification request, Mike can evaluate whether to appeal and help you with the appellate process.
Work With A West Michigan Attorney
At Toburen Law PLC, attorney Toburen knows that life in West Michigan changes. Whether you are dealing with a high-asset financial shift or seeking a different parenting schedule, Mike Toburen provides the legal guidance you need for your specific situation. He focuses on finding solutions that account for your future and your children’s well-being.
If you need to request a post-divorce modification, you can schedule a meeting with Mike today. Call 616-818-1842 or email him through his contact page. He takes cases across Western Michigan, including in Grand Rapids, Kent County and over in Ottawa County.
