The only constant in life is change, and life after divorce is no different. It is everyone’s hope that when a divorce is finalized, there will never be a need to return to court and address the same issues. However, as life changes it is often necessary to make modifications to a Decree of Divorce.
Divorces are finalized in a variety of ways, and you may or may not be happy with how your divorce ended. Or there may simply have been a change in your life circumstances that make your divorce decree unworkable. These changes could be in any aspect of your life, including a change in job, moving, change in your children’s daily needs, or health changes.
When there is a change in your life there is a way to modify your divorce. This can be accomplished a variety of ways depending on your decree of divorce and the change in your life. Divorce Decrees will often contain a provision to handle certain changes, such as child support, alimony, or a parent’s relocation. If your Decree includes such a provision, our attorneys can help you use the provision within your Decree of Divorce and make the modification as needed. This could be a simple process of filing new income verification with the State of Utah, or may require a motion or pleading to be filed with the court.
Often, there is a life change which was not contemplated when your divorce was finalized, and therefore there is not a provision to handle the change. When this is the case you still have options to seek a modification. Our attorneys have experience in working with you, your former spouse, or their attorney to seek a modification based upon your needs. This is often accomplished through mediation, as many divorce decrees require mediation. It is important in the mediation process to have a skilled attorney to protect your interests, who understands the law, who has in court experience, and can provide a reasonable view of potential outcomes if you were to proceed to trial. Our attorneys have good working relationships with many mediators throughout the State of Utah, and will help to select a mediator that is best suited for your specific facts.
If mediation is not successful, there are still options available to you depending on your facts. If there has been a “material and substantial change in circumstance” which was not contemplated in the Decree of Divorce, you may be able to file a Petition to Modify with the court. Our attorneys are experienced in handling modification actions with the court and can provide insight as to how that process will look and what reasonable and likely outcomes would be for you based on your specific facts.
A modification action with the court would reopen litigation on the specific provision or aspect of your divorce decree which you are seeking to modify. It is important to have an experienced attorney who can assist you through this process, as there are procedural rules, and deadlines which must be followed. Additionally, it is important to hire an attorney who has the skills and temperament to present evidence to a judge in the best possible way to provide you the best options for success.
Call (801)784-0529 to set up a free consultation with one of our attorneys, wherein we can discuss your case and answers questions you may have so that you can decide if our attorneys are right for you.