• Welcome to

Post-Decree Modifications

A dissolution of marriage decree is entered by the court to dissolve a marriage, and the decree becomes the baseline for the post-marriage arrangement. The decree often contains provisions concerning property division and spousal maintenance, child custody and parenting time, and child support obligations. However, as time goes on after the decree, circumstances change, and parties may find themselves desiring a modification of their current decree or order based on a change of circumstances. Because decrees and orders have such a significant effect on the financial and personal obligations of the parties, it is important to periodically review your circumstances so you don’t find yourself under a decree or order that is no longer justified under the current circumstances.

Pursuant to A.R.S. §25-411 and Rule 91 of the Arizona Rules of Family Law Procedure, there are a number of factors that a party will need to carefully examine to determine their ability to bring an action to seek a modification of a previous court order, including the mandate to participate in mediation to attempt to resolve the matter prior to bringing an action before the court, the timing of the most recent order(s), and the factual circumstances underlying the request for a modification.

As a practical matter, courts are generally somewhat reluctant to modify orders. So, when one party believes a modification is warranted under the circumstances, the first step is typically to confer with the other party to see whether the parties themselves can mutually agree on the change. Courts are much more willing to accept modifications that are reached in agreement by the parties. However, if the parties are unable to come to agreement, a petition for modification can be filed and the court will consider whether a modification is supported by the current circumstances.

At Lancer Law, our experienced family law attorneys can assist you in post-decree modifications. CALL TODAY for a consultation: (520) 352-0008. Or email us at [email protected]

© Copyright 2024 *Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Content copyright 2009-2023. Lancer Law Firm. All rights reserved.