Whether it involves children growing older and no longer needing the arrangement they once had, or other living conditions that change — such as remarriage — modification is simply a part of the post-divorce process. Although there is a nearly unlimited number of reasons for modification, some of the most common examples include:. Essentially, any major life change that affects the personal and financial stability of either party may affect the current arrangements.
So what can be modified? Any aspect of the dissolution of marriage decree, including:. Courts are ordinarily reluctant to modify a custody order unless both parents agree to the change, or one parent becomes incapacitated or abuses the child. Parenting time orders are somewhat easier to modify than legal custody orders; however, these changes are also easiest to make if both parents agree to them.
Other reasons for post-divorce modifications include neglect or failure to disclose pertinent information during the divorce process.
If, for example, one spouse withheld financial information or assets during the divorce process, this could result in future modifications if the information came to light. Modifications can also be made if a termination of support is necessary, which may be the case if a child has emancipated, or one party has entered into a new financial situation that does not require the other party to provide support.
The significance of modifications cannot be overstated. Additionally, if modifications are made informally, as a verbal agreement between parties, this may not be legally enforceable, and any failure to heed to the original decree may result in additional legal issues. How long does divorce take in AZ? Modifying any custody, parenting time or support order is always easier with the assistance of a qualified family law attorney.
How to Amend Divorce Papers
If you have questions, or think it may be too much for you to handle on your own, call us for a FREE consultation at today. The only question that must be answered is whether the marriage is "irretrievably broken", which simply means that there is no chance that the spouses want to continue the marriage. This means in short, each party is "owner" of half of everything acquired during the marriage. Real property, retirements, debt, etc The court shall not prefer a parent's proposed plan because of the parent's or child's gender.
The petition asks the court to legally end the marriage and to issue the orders that are necessary to deal with the spouses' property, debts, child support, custody and alimony.
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Generally, the court will not give a spouse anything that isn't requested in the petition. The Constitution guarantees that in both the 5th and 14th Amendments that a person be given notice before a law suit can be filed against them. This applies in divorce actions: In order to let your spouse know that you are filing for divorce, copies of the above forms the summons, the petition etc.
The other party is not "on notice" and thus the divorce action isn't really "live" until one of the accepted form of service has been completed and the notice of such is filed with the Clerk of the Court. This is where the road begins to fork; The Respondent has 20 days to respond if they live in the same state the petition was filed in and 30 days if they live out of state. If the Respondent does nothing, you can, and should, file for a default.
Provided the Respondent has been appropriately served, and they do not respond, your petition will likely be granted in its entirety and the divorce will be done. This is subject to some specific rules and requirements like most of the stuff in this process. The 60 Day Waiting Period In the state of Arizona, a divorce cannot be granted until at least 60 days have passed since the petitioner served his or her spouse. Once this waiting period is over, if both couples agree on the terms of the divorce, or if proceeding by default, then the divorce can be finalized rather quickly.
- Modifying the Terms of Your Divorce Orders?
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- Post Decree Modifications after Divorce | Phoenix Divorce Lawyer;
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However, if the couple cannot agree on the terms, than the case will go to court and a judge will settle the terms. This is done at a "mini-trial" where the court hears evidence and argument and then decides things like: Parenting Time, Child Support, Spousal Maintenance alimony , who stays in the home, who pays the bills, etc. These rules last until a final agreement, order, or decree is in place.
Steps to Begin an Arizona Divorce | DivorceNet
Please note that the Court is not obligated to allow this, and generally decides based on the age and maturity of the specific child. In any case where there are minor children involved the Courts generally require that the parties attend mediation to try and work out an agreement on issues specific to legal decision making and parenting time ONLY.
No agreements are required, but as a general rule the case will go much smoother in the long run if the parties can agree on at least a few things during this process. Mediation is done without the lawyers or judge. A trained mediator works with the parties in a neutral environment to maximize the potential for agreements to be made.
Why Modify a Divorce Decree?
The rules that govern the divorce process outline the very specific things that each party can ask the other party to provide in the way of information and documents. Many of these things are mandatory to provide, such as a financial affidavit, and depending on the issues involved, this process can be very complex and significantly stretch out the length of the divorce. When this happens the Court will set a date for the trial and some other specific events. These are:.