It’s no secret divorce can be one of the most stressful events in anyone’s life. Most couples assume that once the divorce process is finalized, neither spouse will want to revisit the agreement. However, it is quite common for unexpected situations to prompt the need for alterations to the agreement.
What Is Considered For Post-Divorce Modifications?
The court always takes divorce proceedings seriously, so it likely won’t revisit the divorce without a compelling reason. A significant change in circumstances to either one or both exes is the most likely reason to qualify for an evaluation of the agreement. Oftentimes, this will include a significant financial change or unexpected health problems.
The division of property is less likely to qualify for a revisit to the divorce decree. However, the court can re-open the process if financial matters were not properly disclosed during the divorce. This can include a scenario where one spouse was hiding assets from the other.
Other circumstances that can impact the original decree include if one parent is convicted of criminal charges or one/both exes remarry. Custody arrangements can be altered in the event one parent wishes to move to another city or state.
Can Child Custody Be Changed Once A Divorce Is Finalized?
Typically, courts will not consider altering physical child custody arrangements within two years of the finalized divorce. However, the courts will make exceptions if the child is not thriving in their current environment or is in danger. The parent alleging that the child is ultimately in danger must present a considerable amount of evidence in order for the courts to reconsider.
If the child appears to be struggling with the custody arrangement, changes may be requested within two years of the divorce finalization. Parents oftentimes request a change if the child is struggling to develop a social life or has seen a decline in grades.
Always keep in mind the court is looking out for the child’s best interests and not the parent’s interests. This is how the court will view custody arrangements throughout the proceedings.
Divorce Modification Steps
It’s best to work with an experienced divorce attorney who knows the timelines and requirements of a modification process. Divorce law is quite complex, meaning missteps can result in denials.
The first step of this process involves one spouse requesting the change filing a petition for modification. This must be done at the same circuit court and county in which the original divorce was finalized. The other spouse is then given the chance to respond. Once the petition and response is received by the court, a hearing for both parties will be formally scheduled.
After the hearings, a judge will consider the petition and response to make a final decision. A new divorce order will be issued if the judge approves the requested alteration. If the judge denies the request, both spouse need to legally abide by the original divorce decree.
What Can You Do Without Changing A Divorce Decree?
Couples without children are free to move to new locations whenever they choose. Without any child support or alimony payments in place, divorce agreements do not need to be altered if there are changes in financial states.
Changes that involve children, however, will always need to be legally approved by the courts.
Source:
- Once A Divorce Is Final, Can It Be Reopened? Retrieved September 8, 2025. from https://www.rbbfirm.com/once-a-divorce-is-final-can-it-be-reopened/
Need A Family Law Attorney In Scottsdale?
The High Desert Family Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation. Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.
