Divorce Decree’s are a binding judgment by a court that parties have to follow if they don’t want to run into future legal proceedings. However, a divorce decree can be modified if there has been a substantial change in the circumstances of the parties that was not contemplated by the divorce decree. Some of the more common things that are cited as a substantial change have to do with money, for example, job loss, or a party getting married and the new spouse bringing in money as well. There are four areas of the decree that can be modified; alimony, child support, child custody, and parent time.
Utah Divorce Modification Proceedings
The divorce modification process is very similar to the original divorce proceedings. Courts encourage parties to resolve issues outside of court, like in divorce, but if no agreement is made then the court gets involved. Also the court uses the same standards and rules as before and in reality the only difference should be the substantial change in circumstances mentioned above. The argument for substantial changes can be in relation to your own circumstances, your ex spouse’s, or even your children’s. As is the case in the original divorce proceedings any custody issue will be resolved by considering what is in the best interest of the child.
St. George Divorce Attorney
If you are divorced and find that the terms of your divorce decree no longer apply to your situation, then call the lawyers at St George Divorce Attorney, you may be able to get your decree modified to better fit your circumstances. With the help of an experienced family law attorney you will have a better chance of convincing the court that the changes you want are in the best interest of the kids, and the right thing for the court to do. Call or email us today to set up a free consultation.