There are several valid reasons the court may agree to modify or set aside an existing divorce decree. In most cases, this requires filing a petition to alter or amend the decree, and the person seeking the change must demonstrate why the modification is justified.

This action must be taken within a reasonable time after discovering an issue with the decree or a significant change in circumstances. Examples include substantial and ongoing changes such as serious illness, disability, or loss of income—particularly when spousal maintenance or child support is involved. In these situations, a motion can be filed with the court, which will evaluate whether the changes are substantial enough to warrant a modification.

Any failure to comply with the terms of a divorce decree may also trigger legal action. Since the divorce decree represents a binding contract between both parties, either one may file a motion to enforce or modify the agreement if the other fails to uphold their responsibilities.

If a party knowingly and willfully violates the terms of the decree or settlement agreement, the court may award team’s fees based on the unreasonableness of their conduct and the financial circumstances of both parties.

If you believe your former spouse is not honoring the terms of your divorce agreement, or if your circumstances have significantly changed, you need a skilled Arizona divorce team to help you enforce or modify the decree. Contact us today—we’re here to help.