Life after divorce can be unpredictable. You might find yourself facing new challenges or circumstances that weren't part of the picture when your divorce was finalized. Many divorced couples wonder if they can modify their divorce decrees. Fortunately, when your original agreement no longer fits your current reality, Arizona law does allow modification. However, it is in your best interest to speak to an experienced Arizona divorce lawyer before proceeding to discuss your options.
Post-decree modifications are changes made to a divorce decree after it's been finalized. These changes can address various aspects of your divorce agreement including child custody and child support. However, it's crucial to understand that not all parts of a divorce decree can be modified easily, if at all.
Arizona Revised Statutes § 25-403.04 outlines the factors courts consider when determining whether to modify a child custody order. While Arizona Revised Statutes § 25-327 addresses modifications of property disposition.
In Arizona, you can seek modifications to your divorce decree when there's been a substantial and continuing change in circumstances. This legal standard ensures that the courts don't get bogged down with minor adjustment requests. Let's break down what this means for you:
Substantial Change: The change must be significant enough to warrant revisiting the terms of your divorce. For example, a job loss, major health issues, or a significant increase in income could qualify.
Continuing Change: The change should be expected to last for an extended period. Temporary setbacks or short-term changes usually don't meet this criterion.
Best Interests of the Child: For modifications involving children, the court always prioritizes the child's best interests.
Changes in Income: If you've lost your job or received a substantial promotion, you might need to adjust child support or alimony payments.
Relocation: Moving to a new city or state can significantly impact custody arrangements.
Health Issues: A serious illness or disability might affect your ability to work or care for your children.
Changes in the Child's Needs: As children grow, their needs evolve, which might require adjustments to custody or support arrangements.
Remarriage: In some cases, remarriage can impact spousal maintenance.
Navigating the modification process can be complex and overwhelming, especially when you're dealing with the emotional aspects of revisiting your divorce. This is where having an experienced divorce attorney becomes invaluable.
Your divorce attorney will assess your case and determine if your situation meets the legal standards for modification. If it does, your divorce lawyer will assist in collecting and presenting the evidence needed to support your case. They'll ensure all paperwork is filed correctly and deadlines are met. If possible, your divorce attorney will work to reach an agreement with your ex-spouse outside of court.
Remember, the outcome of a modification can have long-lasting impacts on your life and the lives of your children. Having a knowledgeable advocate in your corner can make a significant difference in achieving a favorable result.
Q: How long does the modification process take?
A: The timeline can vary depending on the complexity of your case and whether you can reach an agreement outside of court. Generally, it can take anywhere from a few months to over a year.
Q: Can I modify the property division after the divorce is final?
A: In most cases, property division is final once the divorce decree is issued. However, there are rare exceptions, such as if fraud or hidden assets are discovered.
Q: What if my ex-spouse doesn't agree to the modification?
A: If you can't reach an agreement, your case will go before a judge who will decide based on the evidence presented.
Q: Can I stop paying child support or alimony while waiting for a modification hearing?
A: No. You must continue to follow the current order until a new one is issued by the court.
Q: How often can I request modifications?
A: There's no set limit, but frequent requests without significant changes in circumstances are unlikely to be viewed favorably by the court.
Seeking a modification to your divorce decree can feel like reopening old wounds, but sometimes, it's necessary to ensure fairness and address changing life circumstances. Remember, you're not alone in this process. At Blake & Pulsifer PLC, our divorce lawyers are here to help you through whatever life throws at you.
If you’re facing a divorce in Arizona, let the experienced divorce attorneys in Tempe at Blake & Pulsifer, PLC help you navigate the journey ahead with confidence and peace of mind. Call our divorce law firm today at 480-838-3000 or fill out our confidential contact form.
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