Sometimes circumstances change after your divorce is finalized, and while it can be difficult to change the terms of your divorce, with the help of a divorce lawyer it is possible to get a divorce modification.
In today’s blog post, The Law Office of Ronald Kossack is sharing some general information about divorce modification. Continue reading to learn more, visit our Divorce Modification Service Page, or contact us to schedule a consultation.
Change of Circumstances
While child custody and parenting time decisions are binding, it is possible to have them changed. You can pursue divorce modification at any time after the last divorce order. But know that if you are the party seeking the modification, you have to demonstrate that a “substantial change of circumstances” has occurred since the tie of the last order. The court does not want to permit you or your ex to subject you both (and any children involved) to the judicial system again without evidence of significant new changes that would require a modification.
Reasons you may need a divorce modification include moving, losing a job, lost income, remarriage, health changes, accidents that cause injury or disability, changes in your children’s desires, or more.
Preparing for Modification
If you want to modify your divorce within the first year, you’ll have a much greater burden of proof to demonstrate your change of circumstances. Once a reasonable amount of time has passed, nearly all issues relating to children are subject to modification. That includes both custodial and financial.
Your behavior and how well you have met the current order will be a vital factor in your chances of obtaining a divorce modification. If you’re late with support payments or skip the time you’re supposed to spend with your children, it will be much harder to receive the modifications you’re looking for. Remember that your past actions will make the case for future modifications.
Justifying Divorce Modification
People seek divorce modifications for many reasons, but often it is to change parenting arrangements. Know that co-parenting after divorce is challenging, but that you and your ex will need to work together in the best interests of the child.
When seeking a divorce modification, think of the big picture and try to ignore smaller disputes or grievances. Keep a record of correspondence to show to the court, and, when in family court, don’t come in with minor complaints, as you could be seen as reactionary.
If you can’t come to an amicable agreement, a family law attorney can help assist you with the process of petitioning the court for a modification. Here are a few of the different court orders that we can work with you to change:
- Child decision making (custody) – changes in a child’s physical or emotional health may require a modification, as may a change in the parent’s life, such as remarriage, relocation, substance abuse, or job change.
- Parenting time – as the child ages or circumstances change, you may need to modify parenting time agreements.
- Child support – changes in income, daycare requirements, or other needs can all warrant a change in child support.
- Spousal maintenance awards – a change in income or health could warrant a modification in spousal maintenance.
The Law Office of Ronald Kossack – Tempe Divorce Lawyer
We are proud to represent clients in Tempe and the surrounding area, including Phoenix, Mesa, Chandler, Gilbert, and Ahwatukee. If you’re looking for a divorce attorney or divorce mediation, we’d be more than happy to talk with you about your options and what we can do for you. We also focus on areas of paternity, child custody, decision-making, child support, and modifications to existing court orders. Schedule a free consultation today.