General Information about Divorce Modification in Utah
After a divorce is final and a decree is entered, the court still has authority to make modifications to the terms of the divorce. The former spouse who wants to modify the terms of the divorce must file a petition to modify the divorce with the judge. Most modifications deal with custody and parent time issues.
Significant Changes of Circumstances regarding Divorce Decree in Utah
Before the judge will grant a motion to modify the divorce, he or she must find that there has been a significant change of circumstances and that the change would be in the best interests of the children.
A significant change of circumstances occurs if one of the former spouses has moved, if one of them has remarried, or if the income of one of the former spouses has changed significantly. These are only illustrations—there is no limit to the number or kinds of changes which might justify a petition to modify.
If the judge finds that there has not been a significant change of circumstances, it cannot grant the petition to modify. Even if there has been a significant change of circumstances, the judge cannot grant the petition, if the change which the former spouse is requesting is not in the best interests of the children. In order to determine whether the change would be in the best interest of the children, the judge must examine the individual circumstances of the former spouses and the children.
Contact an Experienced Family Law and Divorce Attorney in Ogden
If you feel there have been significant changes of circumstances regarding your Utah divorce and are contemplating divorce modification, please contact one of our experienced Utah divorce lawyers at Helgesen, Houtz & Jones located in Ogden, Utah. Ogden divorce attorney Keith M. Backman or Scott P. Nickle will listen to your concerns and provide you with knowledgeable information about your family law matter.
Contact Us About Your Case
From Our Clients
“The attorneys and staff are all very professional and they are so very kind and caring! They take care of you like family!!!"
“Great service! Erik was easy to work with. He was very good about explaining everything to me."
“I needed Craig Helgesen to review divorce documents for me prior to filing. He was friendly, professional, showed personal interest in my case and got everything done very quickly in spite of a heavy case load. He was very easy to talk to and I had complete confidence in him. I would definitely refer friends and go to him again."