While you might have completed your divorce decree and worked with a divorce attorney in Utah years ago, there is still a chance you need to document changes and revisit it. While a divorce decree is intended to be a final legal document, life is unpredictable, and circumstances change. A petition or motion to amend divorce decrees is not uncommon.
There are stipulations in a divorce decree that will help you understand your grounds for modification. There are many opportunities for modification in a divorce decree, and we will review a few. This blog post will also review who files for modification and what the process is.
Keep in mind that the information here is simplistic for the reader’s sake and does not include comprehensive instructions or detailed requirements for the nuances of each individual’s situation.
What stipulations are in a divorce decree?
Modification of divorce decrees reflects the current situation, outlining new or altered terms and conditions of the divorce, including child custody, spousal support, and property division. Understanding the process of modifying a divorce decree in Utah is essential for ensuring the terms remain fair and appropriate for all parties involved.
Grounds for modification
A big question to ask is, “How big or what kind of changes are worth of a motion to amend a divorce decree?”
According to the Utah Courts, if you want a change in your divorce decree, you must show that there has been a material (important) and substantial (major) change in circumstances since the divorce decree was issued. The change could involve one or both parties or any children from the marriage.
What parts of a divorce decree can I modify?
You can alter various parts of a divorce decree. Modifications can address healthcare, insurance, retirement, and pension issues. They can also look at spousal support, child support, and financial obligations.
Each type of modification might have its own set of legal requirements and considerations; therefore, you might want a divorce attorney in Utah to assist you and help you thoroughly understand and address each desired change in the petition.
Spousal support and alimony modification
Either parents can revise spousal support or alimony if there are substantial changes in either party’s financial situation. Financial changes could be an increase or decrease in income, loss of employment, or retirement. The court will evaluate the circumstances and determine whether existing obligations are reasonable. Both parties need to provide comprehensive financial documentation to support their claims.
Financial modifications
A comprehensive financial document is also needed if you are trying to adjust payment obligations, debt allocations, or division of assets. The court will assess the current financial status of both parties and determine whether the original terms are appropriate. Evidence of changes in this situation will be crucial to persuading grounds for a modification.
Child support modification
Child modifications are common. Utah Courts have specified that you can do both a motion or a petition to modify child support, and they have separate processes. A motion or a petition cannot document temporary changes or differences.
You can only start a motion if it has been three or more years since the order and a few guidelines apply to your situation. This aligns with Utah Code Section 78B-12-210(8).
If any of those guidelines are missing, you must file a petition to modify child support. This change is also not temporary and has much lengthier instructions to follow.
Child custody and visitation modifications
When asking to modify child custody, you can request temporary orders. There are many various circumstances that need to be in order for this to happen, either temporarily or permanently. Above all, both parents must present evidence to support their proposed changes, and the court will decide based on what is best for the child’s overall well-being.
Relocation and geographic modifications
Most applicable to children, if a parent relocates geographically, modifications may be necessary. This move affects the original divorce decree’s existing custody and visitation arrangements and other stipulations. The goal is to maintain the child’s relationship with both parents to be realistic, where possible.
The court will consider various factors, including reasons for the move, the impact on the child’s education and social life, and the feasibility of maintaining regular contact with the non-custodial parent. The requesting parent must demonstrate that the relocation is in the best interests of the child(ren).
Healthcare and insurance modifications
When a change in either parent’s employment status or the child’s health needs requires modification in the divorce decree, the court will evaluate the ability of each parent to provide coverage. Detailed information about the health requirements and changes will be necessary so the judge knows the need for additional coverage, changes in premium costs, or modifications to the division of medical expenses.
Retirement and pension modifications
Retirement and pension modifications could be necessary when one or both parties experience changes in their retirement plans or financial status post-divorce. This might involve adjusting the division of retirement benefits or addressing issues related to pension payouts. The court will consider both parties’ current and future financial needs and ensure that the original terms of the decree remain fair and equitable. Comprehensive documentation of the retirement and pension plans is essential to support any requested modifications.
Who can file for a modification of a divorce decree?
In Utah, either party to the original divorce decree can file for a modification if they believe there has been a substantial and material change in circumstances. This includes the ex-spouse or a legal guardian on behalf of the children involved. Consulting with a qualified divorce attorney in Utah can provide valuable guidance and ensure the modification request is properly prepared and presented.
The modification process
In the process of modification of divorce decrees, you need to read through the paperwork carefully. If you need help, find a divorce attorney in Utah who can help you. Specifically, look for an attorney specializing in divorce and family law modification.
Court-issued domestic relations injunction
When filing a Petition or motion to amend a divorce decree, the court will automatically issue a Domestic Relations Injunction order. The injunction is a court order stating each party cannot harm or harass the other, stating a change in insurance or beneficiary coverage, and requesting not to transfer property or make non-routine travel while the case is pending.
File a petition to modify a divorce decree
The party asking for the modification of divorce decree must file the document to the same court that issued the decree originally. The courts will use the same case number. The person asking for modification will pay a filing fee upon submission. If you cannot afford the fee, you can ask the judge to waive them.
Serve the documents for divorce decree modifications
The party asking for modification will serve the respondent with the paperwork, summons, and other documents. This step in the process happens no later than 120 days after filing the petition. You can deliver the paperwork in different ways, such as by mail, in-person, or email. After delivery, the asking party must file a proof of service with the court.
In Utah, the person served documents has 21 days to answer the petition or motion to modify the divorce decree. This is vital if they disagree with anything stated in the petition. This is where a divorce attorney in Utah can help. Some important things to note in your answer to the petition.
- You must state if you agree or disagree with the petition
- If you disagree, you must make a counterclaim
- Deliver your answer to the courts for free if you agree
- Pay a counterclaim fee if you deliver new documents to the courts
- Deliver a copy of your answer to the original asking party
If the respondent fails to answer the complaint or petition, they would have to face a variety of potential consequences, one being losing the case entirely.
Attend a court hearing to finalize the modification
After serving the peition, the court will schedule a hearing to review the modification of divorce decree request. Both parties will have the opportunity to present their evidence and arguments. The judge will evaluate the information provided and decide based on the best interests of any children involved and the fairness to both parties.
Attending this hearing is crucial, allowing each party to voice their concerns and provide firsthand testimony. Legal representation can help present your case effectively.
Some facts may not call for a modification
Not all changes in circumstances will warrant a modification of the divorce decree. The court requires that the change be both material and substantial. Minor changes or those that do not significantly impact the terms of the decree are unlikely to justify a modification.
Carefully evaluate whether the changes in your situation meet the legal criteria for a modification before filing a petition or motion to amend the divorce decree. Consulting with an experienced family law attorney can provide clarity and help determine the viability of your modification request.
Get help from a divorce lawyer in Utah
Burton Family Law has many attorneys in Utah specializing in divorce and family law modification. With many years of experience, the company can advise you on modifications and issues that could arise. They are your guide through every step of the process.
Contact Burton Family Law today to start having the support you need.