Modifying a Divorce Decree in Arizona

A divorce decree is a document that is signed by a judge in court, finalizing a divorce. Once a divorce decree is signed and filed with the county clerk’s office, your divorce is official in the eyes of the law.

However, when one party or even both parties experience changes in their circumstances, the existing decree may need to be modified. Changes in lifestyle may call for post decree modifications to the original decree that make more sense and are equitable for everyone involved, particularly any children. 

To modify a divorce decree in Arizona, petition the court for a modification. Understanding the process is essential when it comes to divorce decrees, as only certain things can be modified.

If you are facing this issue with your divorce decree, it is best to speak with a family law attorney. 

The Law Office of Cosmas Onyia provides personalized legal services to individuals seeking modification of their divorce decrees in Arizona. This informative blog post will guide you through this complex process as well as detail the legal requirements for modifying your divorce decree.

Legal Grounds for Arizona Divorce Modifications

A divorce decree details in formal terms the arrangements made in a divorce case. These include spousal maintenance or financial support for the ex-spouse, debt division, property division, child custody, and child support.

Either party can make divorce modifications to adjust the arrangements made in the divorce decree if circumstances have changed that would allow for these post-decree modifications. Your children may have grown and need different arrangements, or living situations could change, particularly with remarriage. 

If you want to modify your divorce decree, you must file this modification through a formal petition with the court that oversaw your original divorce. The court must agree to your post-decree modification, which will generally be for lifestyle changes.

The changes that are most common in divorce modifications include losing a job or taking a significant pay cut, loss of health insurance or other benefits, becoming disabled, or getting remarried to a new spouse. Before you attempt to go through the process of modifying your divorce decree, it is best to discuss this modification with family law attorneys who can help you protect your legal rights.

What Aspects of an Arizona Divorce Decree Can Be Modified?

Either party can modify the agreement both parties signed in Arizona court, though only certain aspects of a divorce decree can undergo modification.

Child Support and Child Custody

In Arizona court, it will be determined whether there is a substantial and continuing change in the circumstances for child support. When it comes to custody arrangements, family law functions in what is in the best interests of the children involved and will decide accordingly to protect them.

Parenting Time

When one parent has lifestyle changes that impact parenting time, a modification may be necessary. In order to modify this time, it must be shown that the child’s best interests are represented.

Spousal Maintenance 

When you are paying spousal support to an ex-spouse, you may be able to modify the payment if they experience certain changes. One example is if they receive a promotion at their place of employment, that puts them in a new income bracket. However, if they experience job loss, it may mean the other parent must continue these payments. 

It is important to note that the court is usually reluctant to make changes regarding custody and child support unless both parties agree or it can be shown that one parent is abusive or incapacitated. 

Under family law, debt and property division are usually not subject to modification of the original court order in a divorce. If you have questions or concerns about modifying your divorce decree, you should get legal assistance for divorce from an attorney experienced in all matters of family law. 

Understanding the Post-Decree Modification Process

Before you can modify a court order for divorce, you must establish grounds for this modification. Once these are established, you can change the decree by approaching the proper court, which is the one that signed your divorce agreement in Arizona. 

You will then file a petition in this court to modify your divorce decree. In the petition, you must specify the circumstances that led to your request to change the original divorce decree. It must be served to the other parent, your ex-spouse, who will have the opportunity to respond.

In Arizona, the court requires both parties to attend mediation to attempt to resolve any issues before modifying the original agreement. Through this process, it will be decided if modifying the divorce is necessary and in the best interest of all involved. When the issue cannot be resolved through a mediator, it will then proceed to a hearing in Arizona court.

Whether job loss, custody, or another relevant issue is at the heart of your need to adjust the original agreement, you will each have your chance to present evidence and testify. Ideally, you should not face modifications on your own and should ensure you have legal representation. 

Why It’s Important to Have a Family Law Attorney Help with Modifying a Divorce Decree in Arizona

In Arizona, if there is a need to change the original agreement that you made with the courts, it is always best to hire an attorney. Changes to your situation or changes that your ex is going through have the potential to have a considerable impact.

While you both may be able to come together and discuss these things in a civilized manner, the court must be informed of any changes that you make, even if you both agree to these changes. An informal agreement does not provide either of you with protection. In the event that your ex doesn’t follow through with what they promised when you discussed this change informally, it can lead to trouble.

When you take this change to the courts, both of you will be accountable and protected by the order. You will each need to follow through with what is detailed in the adjustment to the original agreement. An attorney can ensure that all documents are correctly filed, and in the event that you are making this change because you worry for the safety and well-being of your children, they will also present proper evidence in your case.

Indeed, life changes can make the original divorce terms obsolete, such as changes for custody arrangements or financial support. Filing this petition can help you make these changes while being protected by the law that will enforce the ruling. In your situation, it may be the best way to move forward, though you must take the correct steps when filing the petition.

At the Law Office of Cosmas Onyia, we provide legal consultation and advice on making these changes. We can help you file petitions for the purpose of modifying your Arizona divorce, represent you in court, and support you throughout this challenging process. If you have questions and want to know if you can change your divorce decree, schedule a consultation to discuss your situation today.