The divorce process can be arduous. When it is over, many feel the relief and freedom of having ended relationships that no longer served them. Some people are satisfied and can live within the requirements of their divorce decrees for the rest of their lives. Others, though, find that their divorce decrees do not fit their needs as time passes on.
Certain aspects of divorce decrees can be modified after courts enter them. This post will address the divorce decree modification process and what Utah residents may have to do to accomplish their modification needs.
Common areas of modification
Changes in circumstance can form the grounds for a petition to modify a divorce decree. Modification requests generally center around one or more specific issues within family law: custody, parent-time, child support, or alimony. When a party wants to modify part of their divorce decree, they must go through the court and offer evidence to show why such a modification is necessary.
When a motion to modify centers on a financial issue, such as child support or alimony, the requesting party will have to show a change in economic circumstance to justify the modification. If they are the paying party and wish to lower their financial obligation, they will have to demonstrate that they can no longer provide as much money due to a job loss or demotion.
If the requesting party is the recipient and wants to secure more support, they will have to show that the paying party can provide more support due to a positive increase in their income.
Going to court for a modification
Individuals interested in modifying their divorce decrees should understand that going through the court is their best option for having enforceable changes made to their divorce mandates. An informal agreement with an ex-partner may seem easier to accomplish, but these types of arrangements do not carry the enforceability and power of a court-obtained modification.
Before going to court to modify a divorce decree, a party should be prepared to attend a hearing and provide evidence backing up their requests. Doing so on one’s own can be complicated and overwhelming. Family law attorneys know the law and are prepared to support their clients on these types of legal matters.
No party has to face the courts alone, and experienced family law attorneys can offer case-specific advocacy to those they represent. To speak to an attorney about modifying a divorce decree, please call Kristopher K. Greenwood & Associates at 801-475-8800.
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