Divorce Modification Attorney in Salt Lake City
The divorce process alone is painful for anyone, but it’s especially excruciating when your divorce terms no longer work for your situation. What happens if your ex is living with someone new, but you’re still paying alimony? What if your company shuts down or you lose your job, and you can no longer afford child support?
If you are considering asking for a divorce modification, the experienced team at Christensen Law is here to help. For over 35 years, we have been helping people across Salt Lake City and the surrounding areas handle the painful process of divorce. We care deeply about helping Utah families find the best possible outcome for their situation, and we want to do the same for you.
Can I Get a Modification of My Divorce Decree in Utah?
Utah courts allow the modification of divorce decrees under certain circumstances. However, you must typically meet specific conditions before the court will consider hearing your case.
Overall, you usually need to have a “material or substantial change in circumstances” to be eligible for a divorce modification. Additionally, the court must issue an official modification to your divorce decree before you can legally make changes to payments or visitation. For example, if you stop making child support payments before the court modifies your divorce decree, then you could be prosecuted for violating a court order.
Some of the most common reasons that people request this type of change include:
- Change in Financial Status: This typically includes a significant change in someone’s income that impacts their ability to pay child support or alimony. For example, your former spouse might have lost their job, or they might have accepted a job with a significantly higher salary. In other circumstances, you might be experiencing a serious medical condition that impacts your ability to work and makes it difficult for you to pay child support.
- Change in Life or Relationship Status: If your former spouse dies, gets remarried, or cohabitates with someone, then the court will typically allow you to terminate alimony payments. If it is a remarriage or death, alimony automatically terminates. For cohabitation, it is likely necessary to go through the court as soon as possible to resolve whether alimony should continue.
- Changes That Disrupt the Parental Plan: These changes might involve a situation where one parent has moved across the country, making it difficult for them to visit the children every week. Another example is if the primary custodial parent has been diagnosed with a chronic illness that will make it difficult for them to properly care for the children. For any divorce matter involving kids, the courts might consider a modification if adjusting the divorce decree would be in the best interest of the children.
How Do I Modify a Divorce Decree in Utah?
To modify a divorce decree in Utah, you usually need to file a petition for modification with the court that issued your divorce decree, plus you must notify your ex that you are requesting a modification. If your former spouse agrees to the modification or the evidence supporting this change is overwhelming, then the court might grant the modification through a simple process. However, if there is even the slightest question over whether the divorce modification is necessary, then it will prolong the process and the court might require a hearing.
Utah’s rules surrounding divorce law are often confusing, and divorce modification might seem impossible if you try to go it alone. However, a knowledgeable family law attorney can help explain how Utah’s laws apply to your case and help you decide which path makes the most sense for your situation.
Divorce Settlement Modifications in Utah
Whether you are seeking a modification or you need to challenge one that is being proposed by your former spouse, we understand the law that applies to your case. We also have experience representing clients who need help in the enforcement of orders. If your former spouse is not making scheduled support payments, or you are not getting the proper time with your children, we can help you.
Contact us now to discuss your modification questions and learn more about how we can help you. Call us at (801) 890-5109.
I will never be able to thank them enough. Best law firm ever.- Michaela H.
I would recommend this firm to anyone and plenty of people I know have used them.- Rebecca Z.
Steve has made history with our case, fighting a nearly impossible case and won- Holley P.
I cannot recommend and thank them enough!- Christian J.
Steve has been great to work with!- Former Client
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