October 8, 2010

Utah Divorce Lawyer | Divorce Modification

Divorce Modification in Utah

Divorce Modification is the way that you can alter a previous court order for divorce. The court can modify alimony, child support, child custody, and visitation rights or any matter related to any of those four. Utah encourages the parties to settle a divorce modification outside of the court, but compromises can be difficult after the divorce is finalized and lawsuits are not uncommon. A Utah Divorce Lawyer at our law firm can guide you through the divorce modification process.

The case will likely be filed with the same court that ordered the first divorce lawsuit, but that does not mean that you will have the same judge. The divorce modification will follow similar procedure as the original divorce lawsuit, meaning that you will have to petition the court, have your spouse send a response to the court, take part in discovery and have motions sent to the court prior to the trial.

One of the key differences between the original divorce lawsuit and a modification is that you will need to show that there has been a substantial change in circumstance with either you, your estranged spouse, your children or some combination of the three. If the court finds that this change is substantial, it can alter alimony payments, child support payments, custodial rights and/or visitation rights accordingly. 

Requirement for a Modification

Alimony can be modified if a spouse loses a job or has a change in income or get remarried and their new spouse generates income. Child support can be modified every three years or when there is a substantial change in the circumstances of either parent. Custody and visitation rights will be modified if the court finds that there is a substantial change in the circumstances and that modification is in the best interest of the child.

Considering a Divorce Modification? Call 801.618.1331.

If you want a divorce modification and you feel there has been a substantial change in your circumstances or those of your estranged spouse don’t delay. Call our team of Divorce and Family Law Attorneys today and we will schedule a free consultation. We are happy to provide information over the phone or have you meet with us in our office at no initial charge to you.