How to Modify a Court’s Order Following a Divorce in Salt Lake City
Situations change, and sometimes, an old court order from your divorce doesn’t cut it anymore. For instance, your child may want to join a new sports team that practices on different days, requiring an adjustment to the custody schedule. Or your financial situation has changed due to a job loss or promotion, making child support or alimony payments a bit of a squeeze.
Whatever the reason, family law in Salt Lake City empowers you to modify court orders. However, there’s a process to follow. In this article, we will guide you through the steps you can take to change a court order, putting you in control of your situation.
Steps to Take in a Bid to Modify a Court Order from Your Divorce
There are general steps you can follow to modify a court order. This order could be about child custody, child support, or alimony. Irrespective of the type of order, the steps to follow are:
#1. Talk it Out First
Before diving headfirst into legalese, see if you can reach an agreement with your ex. This could involve setting up a meeting to discuss the proposed changes, listening to their concerns, and finding a middle ground that’s suitable for everyone. For instance, you can discuss working out a new custody schedule that’s suitable for everyone. Similarly, consider adjusting the alimony payments to reflect your current income.
If you can find common ground, you can then draft a modification agreement together and file it with the court. This saves time and money.
#2. Lawyer Up If Needed
If reaching an agreement seems difficult, or your ex isn’t cooperative, remember that you have the support of a divorce in Salt Lake City. They’ll be there to guide you through the legal maze, representing your interests in court and ensuring a fair process.
#3. File a Petition
This is the official document that tells the court you want to modify the order. Your lawyer will help you draft it, outlining the specific changes you’re seeking and why they’re necessary.
#4. Serve Your Ex
After filing a petition, you need to properly notify your ex about the modification request. This is usually done by a process server who delivers the legal documents.
#5. Gather Evidence
Depending on your situation, you might need to gather evidence to support your request. For instance, if you’re seeking a change in child custody, you might need to provide a report from a child therapist or school records. If you’re seeking a change in child support or alimony, you might need to provide income statements, tax returns, or other financial documents. Fortunately, your divorce attorney in Salt Lake City will advise you on what’s necessary.
#6. Hearings and Decisions
The court might schedule a hearing where you and your ex present your arguments. The judge will then consider the evidence and decide whether to modify the old order. The judge’s decision could range from approving the proposed changes, suggesting alternative modifications, or maintaining the existing order. The judge will also explain how they intend to modify the order, if applicable.
Bottom Line
Modifying an order can take anywhere from a few months to a year. The duration depends on the complexity of the order and whether you were able to reach an agreement with your ex without having to drag it out in court. It’s important to remember that this process requires patience and persistence. Nevertheless, with clear communication, a good lawyer, and a solid case, you can adjust the court order. This will ensure that the order reflects your new reality.