A lot of bargaining, negotiating, and sometimes contentious arguing goes into a divorce decree, whether it’s achieved through a settlement agreement or through a contested divorce process in court, but do you have to live with the terms of divorce orders forever, or can you modify a divorce decree in Arizona?
Under A.R.S. § 25-327, the law states the following:
“The provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing …The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.”
Partnering with an experienced Chandler divorce lawyer is the most effective way to demonstrate that your new situation meets Arizona’s strict legal thresholds. At Wilson-Goodman Law Group PLLC, we help you successfully petition the Maricopa County family court or defend against an unfair modification request so you can move forward with stability.
If a divorced spouse experiences a substantial and continuing change in their financial circumstances or a long-term health condition that substantially impacts their finances, they may seek a modification of existing divorce orders, including:
The court does not take modification requests lightly. Arizona family courts make child custody orders and child support orders in the child’s best interest. A modification request for custody or child support must show that the requested change meets that standard. Because the court requires strong evidence that a change serves the child’s best interests, consulting with a skilled Chandler child custody attorney gives you the strategic advantage needed to present a compelling case.
Modifying a spousal maintenance order is also challenging, because these orders are rarely permanent. Under A.R.S. § 25-319, spousal maintenance is typically “for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient.”
Only under rare circumstances will the court consider a modification request for divorce orders dividing marital assets and debts. Typically, an Arizona divorce attorney will advise their client to appeal the order soon after the divorce, as that is the best option for changing or overturning an asset-division order. An appeal must be based on a legal error made by the judge.
Divorce orders are binding and enforceable. Only under specific circumstances does the court consider modifying existing divorce orders. Under Arizona’s divorce law, the individual requesting a modification must have evidence of a substantial and lasting change in circumstances. Circumstances under which a judge may grant a modification request include the following:
An experienced Arizona divorce attorney can advise you on the modification of divorce orders based on the unique circumstances of your case.
When your financial reality or family dynamics shift dramatically, you shouldn’t be trapped by an outdated court order. At Wilson-Goodman Law Group PLLC, our client-first legal team understands how stressful post-decree disputes can be. We bring decades of experience to the Maricopa County courts to protect your rights, whether you need a dedicated Chandler family law attorney to update your parenting plan or need precise guidance on modifying alimony and spousal maintenance. We will evaluate your changed circumstances, explain your legal options under Arizona law, and build a strong strategy on your behalf. Contact us today for a consultation to discuss your modification case.
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