While securing a court order that is in your favor is always ideal, sometimes, this is not possible. What’s more, after a certain amount of time has elapsed or circumstances have changed, a court order may no longer make sense for your situation. When this is the case, a Scottsdale modification attorney can help you to pursue the modification of a court order. At Modern Law, PLLC, our divorce lawyers in Scottsdale are happy to help you, and are only a phone call away.
What Types of Orders Can Be Modified?
Nearly all types of family law court orders can be modified, although modification is most common in the aftermath of a divorce, as a divorce usually results in an array of orders such as:
- Child custody (legal decision making and legal parenting time) order;
- Spousal maintenance order; and
- Child support order.
When a court issues an order, all parties must follow it — if they do not, they can face consequences as such. Simply not following an order because a party does not agree with it, or because it is not convenient, is not an option; parties must seek a modification if they wish to change an order.
Why Might a Party Want to Modify a Court Order?
There are a number of reasons that a party may want to modify a court order, and some of these reasons are very logical. For example, modification may make sense when:
- A parent begins spending more time with a child, or a custody arrangement changes;
- A significant change in income or earning ability occurs;
- A child develops a special need or disability;
- A significant amount of time has elapsed; or
- A party is relocating to a new location.
These are just a few examples of why a modification order may be sensible, however, there are a number of circumstances that may justify a modification to a family court order.
How Can Parties Approach Modification?
If you want to modify an order handed down by a family law court, you will need to file a petition for modification. In your petition for modification, you will need to provide the details of your current court order, all information relevant to your request (i.e. a financial affidavit), what changes you are requesting, and why you think the court should meet your request.
The good news is that if parties affected by a court order are in agreement that the order should change, they can determine what modification should look like and submit this to the court for signing. For example, there are situations in which both parents agree that it makes sense to modify a custody arrangement for whatever reasons, such as a child’s preferences, age, or a relocation.
When parents or parties are not in agreement about modifying a divorce order in Scottsdale, things get more complicated. When parties do not agree about what should be done, they may need to go to court in order to resolve them. This can be time consuming and expensive.
What Are the Benefits of Working with a Scottsdale Modification Attorney?
Working with a Scottsdale post-divorce disputes lawyer has many benefits. First, an attorney can help you understand whether or not a modification is sensible, and if it is, whether it is likely to be granted. For example, some modifications cannot be requested until a specific amount of time has elapsed since the issue date of the original order. Then, your attorney can help you file your petition for modification with the court and understand what happens next. If necessary, your attorney can represent you during mediation with the other party and help you and the other party reach an agreement through negotiation. If agreement is not possible, your attorney will help you prepare for going to court, including assisting in the gathering of evidence critical to your request.
Give Us a Call Today
Our Scottsdale modification attorney at the firm of Modern Law, PLLC knows that going to court can be a huge headache. However, we also know that sometimes, when the modification of a court order is essential to your future or the future of your child, the legal process is well worth it. We do everything we can to keep the process as simple and straightforward as possible for you, reducing stress and anxiety about what you need to do so that you can focus on other things in your life.
Our process begins with a consultation. If you are ready to learn more, send us a text message today or call our offices directly. We are ready to get to work for you!