Whether your financial situation changes or your child’s needs do, the terms of a divorce agreement may not always fit the reality of your life. In these cases, our American Fork divorce decree modification lawyers can help.
With over 150 years of combined experience, the legal team at Brown Family Law can help you renegotiate the terms of your divorce. Reach out today to schedule a consultation with our American Fork divorce lawyers.
When Is a Divorce Decree Modification Needed?
Divorce decree modifications may be needed when there is a significant life change. For example:
- One party loses a job or has a significant decrease in income.
- One party is remarrying or cohabiting with a partner.
- A child’s educational, medical, or emotional needs change.
- There is a danger to the child if they remain in the care of one parent.
If there has been a material and substantial change in circumstances, then there are several aspects of a divorce decree that can be modified.
What Can Be Changed in a Divorce Decree Modification?
Typically, the changeable terms involve financial support or issues related to any children from the marriage. For example:
- Adjusting or ending alimony payments.
- Adjusting the amount of child support.
- Changing parenting schedules, visitation, or custody of a child.
Our American Fork family lawyers can help you with any needed divorce decree modifications.
What Can’t Be Changed in a Divorce Decree Modification?
Typically, you can’t modify a divorce decree if there hasn’t been a major change. Additionally, you are generally unable to modify anything related to property division, such as a house or retirement accounts, after a divorce is finalized.
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How Can a Divorce Decree Modification Lawyer in American Fork Help?
Modification of a divorce decree can be complicated, whether one party is opposing the modification or the life change needs to be proven. The legal team at Brown Family Law handles the entirety of the process, which means you can be confident at every stage.
We can:
- Review your case to ensure that it meets the legal requirements for a modification.
- Draft and file the formal paperwork.
- Gather documentation or other evidence to support your request for modification and prove a significant change.
- Negotiate with your ex-spouse and their legal team.
- Represent you in court if necessary.
Our legal team’s sole focus is family law, and we’ve helped thousands of clients. Our testimonials speak to the dedication and experience we bring to every case we take on.
A Calmer, Clearer Way Through Divorce
Is There a Deadline for Divorce Decree Modifications in American Fork?
No, you can have a divorce decree modified at any point after a divorce has been finalized. There are, however, a couple of important deadlines for the divorce decree modification process.
These are:
- 120 days to formally serve divorce decree modification paperwork to your ex-spouse.
- 21 days for your ex-spouse to respond if they live in Utah.
- 30 days for your ex-spouse to respond if they live in another state.
Your lawyer will help you understand the timeline for your case and ensure that everything meets the legal requirements and deadlines.
What Is the Divorce Decree Modification Process Like?
The divorce decree modification process has a few key steps. These steps are:
- Drafting and filing the petition to modify the terms of the divorce.
- Formally notifying your ex-spouse of the legal petition.
- Mediation between both parties and their legal counsel. The goal during mediation is to come to an agreement about the modification, without going to court.
- A hearing or trial if an agreement cannot be reached in mediation.
It’s important to note that, in most cases, you must do the divorce decree modification through the same court as your original divorce.
What Evidence Is Needed for a Divorce Decree Modification?
Depending on whether the modification is due to a significant life change or the best interests of the child, there is different evidence that will be needed.
For example:
Child Custody or Visitation Changes
Child custody or visitation changes are based around the child’s best interests, such as if one parent is moving out of the state or the child has specific medical needs. In some cases, if there is a safety concern with a parent or their new partner, that may also be cause for a change. Evidence that is helpful can include:
- School records like attendance or report cards.
- Medical records.
- Professional testimony from teachers, doctors, or therapists.
- Saved text messages or emails showing that the other parent has a habit of changing the visitation schedule or violating the terms of the original divorce.
- Evidence of an unsafe environment, such as police reports or photos of living conditions.
Child Support Changes
When one parent is unable to pay the same amount of child support, they may be able to modify the divorce decree. Evidence needed can include:
- Pay stubs.
- W-2s.
- Termination letters.
- Proof of salary changes.
- Receipts showing large necessary expenses, such as hospital bills.
Alimony Changes
For changes to spousal support payments, helpful evidence can include:
- Tax returns.
- W-2s.
- Pay stubs.
- Evidence of job changes.
- Proof of a new health condition, such as medical records.
- Proof that a spouse has remarried or has recently moved in with a partner.
Contact a Divorce Decree Modification Lawyer in American Fork Today
Our American Fork divorce decree modification attorneys are here to help after a life change. We know that life never stands still and divorce terms can become a burden. The legal team at Brown Family Law offers compassionate representation.
Reach out to our team today and schedule an initial consultation. We’ll discuss what’s happened and help you understand your legal options going forward.
