Salt Lake City Post-Judgment Modifications Attorneys
Lawyers for Modifying Divorce Decrees, Child Custody, and Child Support Orders
After a divorce is finalized in Utah, the terms of the judgment are considered final. However, there may be circumstances in which an agreement no longer works or has become impossible to follow due to changes in circumstances. In these situations, the court may allow a divorce judgment modification to be made. If you are in a situation where you believe you need to modify your divorce agreement, it is essential to work with a family lawyer who can help you understand your options and advocate for workable solutions. Your attorney will ensure you follow the correct procedures to modify your divorce judgment successfully.
At Collins Rupp, P.C., we understand that change is inevitable, and major life changes may require you to make adjustments to how various matters are handled. When life and circumstances change, it may become necessary to make modifications to your divorce decree. With knowledgeable legal counsel on your side, you can successfully make the modifications you believe are necessary based on your current situation.
Essential Considerations for Post-Judgment Modifications
To begin with, it is important to understand that modifying a divorce judgment is not a simple process, and strict requirements must be met. To modify a divorce decree or judgment, there must have been a substantial and material change in circumstances since the decree was finalized, and changes that affect the welfare of the parties' minor children or the equity of the parties will need to be demonstrated. Before the court will even consider a modification of a divorce judgment, it will be necessary to show that major changes have occurred that require an adjustment to the terms of the divorce or child custody order.
Some of the most common reasons for modifying a divorce judgment will involve changes in circumstances related to a couple's children. For example, if one parent wants to move out of Utah and take their children with them, this would be a substantial change in circumstances that would likely require a modification of the couple's child custody agreement. Other changes that may be regarded as significant enough to warrant a modification include the loss of a job, a dramatic increase or decrease in income, or severe health issues affecting an ex-spouse or a child.
It is also important to note that the party seeking modification must show that the change in circumstances was not caused by their actions or failures to comply with the terms of the divorce agreement. For example, if a person voluntarily quits their job and requests a reduction in the amount of child support they pay because they are unemployed, this request will most likely be denied. Courts want to ensure that both parties are abiding by the terms of the original agreement as much as possible and that neither party is causing instability in the lives of their children. If the court determines that a party is behaving unreasonably or causing issues, a modification request may be denied.
The specific process for modifying a divorce judgment in Utah involves filing a motion with the court that outlines the reasons for the requested modification and the specific changes being sought. This motion must be served on the other party, who may be given the opportunity to object to the modification request. Once the motion is properly filed and served, the court will schedule a hearing to evaluate the request for modification. Both parties may be represented by attorneys, and they will have the opportunity to present their case and provide evidence to support their positions. If both parties agree on a modification, a judge may grant the request without the need for a full hearing, although they will review the request to ensure that the changes will protect the best interests of the couple's children.
Contact a Davis County Post-Divorce Modification Attorney
It is understandable to feel intimidated by the prospect of modifying your divorce decree. Fortunately, with legal representation from an experienced lawyer, you can take the correct steps to achieve your goals. At Collins Rupp, P.C., our dedicated family law attorneys have ample experience helping individuals modify divorce decrees and child custody or child support orders. With our knowledge and dedication, you can trust that we will always advocate for your interests and help you resolve your legal issues successfully. Contact us at 385-777-2753 for a free consultation.