If you have gone through a divorce, and you are not satisfied with the outcome of the divorce decree, you have probably heard this numerous times, “Well, there is nothing you can do about it, as divorce decrees cannot be modified once they entered by the court.”
But that is a downright myth, as you actually can modify certain aspects of your Decree of Divorce as long as there has been a material and substantial change in circumstances since the decree was signed into effect. To do that, you will need a Salt Lake City modifications attorney by your side and you are ready to file a Petition to Modify.
Yes, you have a right to change your Decree of Divorce
For many people, their Decree of Divorce is either too unmanageable or they barely make it work. But many divorced persons in Salt Lake City and elsewhere in Utah put up with the unmanageable aspects of their divorce, thinking that there is nothing they can do about it. “Well, that is a huge misconception,” says our experienced modifications attorney in Salt Lake City from the Ault Legal.
There could be many things in your Decree of Divorce that you wish to change. And you have a right to do so. In fact, you could modify all the aspects that you wish to change in one swoop. Trust me, once you do this, your life is going to get a whole lot easier.
How to modify a Decree of Divorce?
First, read your Decree of Divorce and write down everything you would like to change. Then, prepare your petition to modify, which you will have to file with the same court that issued the original decree. Here are the elements you are required to put together in your petition to modify in order to change the decree of divorce in Utah:
- Outline the specific terms of your decree, which you wish to modify, listing the exact section, paragraph and page where the terms can be found in the decree;
- Explain how you want to change these specific terms;
- Demonstrate evidence that you are eligible to modify the Decree of Divorce since there has been a “material or substantial change in circumstances,” and this particular change makes it necessary to modify the decree.
Filing a petition to modify the Decree of Divorce in Utah
After you have filled out your petition to modify and the three above-mentioned elements have been established, file the petition with the court where you and your spouse were divorced. If you are wondering whether it is free to file a petition to modify in Utah, it is not. There is a filling fee, which is around $100, when submitting a petition to modify a Decree of Divorce in Utah.
When you have successfully filed the petition to modify, you have one more step to complete before you and your spouse begin mediating your petition to modify. And that step is: notifying your ex about your wish to change the decree. This is usually the step many divorced people grapple with, as almost always, they modify certain sections of the decree at the expense of their ex-spouse.
Get help from a Salt Lake City modifications attorney
As you can only imagine, your ex will not be exactly thrilled to hear about your intentions to modify the existing Decree of Divorce, which he or she is most likely more than okay with. That is why it is highly advised to let your Salt Lake City modifications attorney serve your ex with your petition to modify on your behalf to avoid an unnecessary conflict.
Afterwards, you and your spouse will have to either mediate your petition to modify the Decree of Divorce or move on to trial if no mediated agreement can be reached. Be warned, however, that going to trial is always costly and exhausts not only your money and time, but also your energy. Consult with our skilled divorce attorneys in Utah at the Ault Legal. Call at 801-539-9000 or fill out this contact form to get a free consultation.