Arizona Divorce Guide

Modification Of Court Orders

In the normal process of divorce (or separation), Modify court ordersthe court will issue orders that must be followed. At the conclusion of the divorce, the court will make permanent those orders that require continuity.

the orders involve:
  • Child Support
  • Parenting Time (Visitation)
  • Alimony (Spousal Support)
  • Child Custody

It is important to note that the court order(s) reflect a permanent condition until or unless there is a dispute, a request by one of the parties to adjust an order, or the natural expiration of the order. Requests to modify require the appropriate formto be filed with the court.

Child Support – The state makes available online help to guide you for:

Change Child Support – Simplified Process, Standard Process and By Agreement
Change Spousal Maintenance OR Change Spousal Maintenance and Child Support – Standard Process
Change Legal Decision Making (Custody) and Parenting Time

Save yourself the hassle by downloading divorce forms here

Modify a custody order

One year must have passed, or 6 months must have passed and you have joint custody and the other parent has violated the court order, circumstances have changed significantly, or you have joint custody and have evidence that domestic violence has occurred.

Military deployment

If a parent with whom the parent’s child resides a majority of the time receives temporary duty, deployment, activation or mobilization orders from the U. S. military that involve moving a substantial distance away from the parent’s residence a court shall not enter a final order modifying parental rights and responsibilities and parent-child contact in an existing order until ninety days after the deployment ends, unless a modification is agreed to by the deploying parent.

When a parent who is not the primary custodian receives orders to deploy, the court will, upon request, enter a temporary parenting time order, and will facilitate electronic communication between that parent and any children.

Filing for custody

The filing of paperwork must occur in the child’s Home State (with a few exceptions). The home state is where the child has most recently lived for at least 6 months. If a child has been moved to another state, a parent must wait 6 months before filing for custody in that state (with a few exceptions). Until that 6 month requirement is reached, a parent can file for custody in the prior state if that child had lived there for at least 6 months.

You will get ONE shot at winning custody – Learn How Here

Exceptions to Home State rule:

  • Significant connection – the child has no home state but has a significant tie to one state
  • More appropriate forum – Both the home state and the significant connection state decline to hear your case and defer to another state
  • Vacuum – when no court has home state, significant jurisdiction or a more appropriate forum another court can step in and hear your case. An example is when a child has lived in multiple locations but has not formed attachments in any state
  • Temporary Emergency Custody –  asking a court to intervene under dire or extreme conditions

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