It is possible to make changes to your divorce agreement in Arizona, which is called a Modification. However, depending on what changes you wish to make, and whether or not your former spouse agrees to those changes could determine if the process takes weeks, months or longer. Each divorce agreement comes with a detailed list of decisions that were made for or by the couple upon separation. These decisions, including spousal maintenance, custody and more, were agreed to and submitted by your attorneys.
Now, for whatever reason you have decided that changes are needed. That’s fine but the first and only option you have to begin is to contact your attorney and tell them what you would like changed, why and if it’s possible. They can give you your options, things to consider about what you want changed, what you could also have changed and more. This is why you should never make a legal decision without first contacting your attorney.
Reasons For Divorce Agreement Changes
Arizona has certain requirement which must be met before changing either an agreement or consent decree following a divorce. Some of the changes may have to do with financial obligations due to your children or spouse being an older age now. Some of them may be because your financial situations have changed, and you may need additional child support or spousal maintenance. Whatever the reason, you need to first know what can be changed and if so, how.
- Legal decision making or child custody: Every family is different and that means different schedules and different options. Even if you are able to coparent with your former spouse, and you both are raising the children and working together, there still may need to be adjustments made to the agreement on when the children are with you and when they are with your former partner. There could also be unanticipated needs of your children, such as the need to change schools or begin counseling.
- Child support: If you are paying or receiving child support, and either you or your former partner is now making more or less money, you may need to request a modification of child support.
- Spousal maintenance: Alimony or spousal maintenance is a major financial responsibility and can be modified, in most circumstances, if the need and ability to pay has changed, or if the payor intends to retire.
There are other reasons to request modifications. The easiest and safest way to determine which options you have is to speak with your attorney. They can also offer recommendations on what you may or may not want to change based on the benefits it offers you or your children.
Challenging Communication with the Other Parent?
Do you and your former partner have a amicable relationship or is there still a lot of tension? If you can have a conversation without hostility, you may want to consider talking to them first. However, if there cannot be any conversation without a fight occurring, you should speak with your attorney about whether a communication platform, such as Our Family Wizard, may be in your best interest.
Making The Changes Easier On Your Children
If you are making changes to the parenting time agreement, you have to remember that this is not only going to be something that you need to have discussed with your former partner, but also with your children if they are older. You do not want to make any drastic changes that they are unprepared for, especially if they are settled into the new lifestyle having parents who are divorced. Talk to them and get them prepared for the changes if you can.
Recommendations From An Attorney
When it comes to making changes or modifications to your divorce agreement you need to speak with your attorney first if you want to know the best options and strategies available to you. Why would you want to make that change is just as important a question as whether or not you can make it. If you are able to reach an agreement with your former partner, still have the attorney handle as much of the process as possible to keep things simple and quick.