Maintaining the advantage in your post-divorce action

Emotions typically run high when couples decide to end their marriages. The divorce process is so emotionally draining that many people feel a sense of relief once the final divorce decree is issued. It's natural to assume that the matter is concluded; after all, most divorces begin with a gradual buildup and then ultimately conclude with a symbolic final court order.

Unfortunately, a divorce decree is not always the last time you may have to see your ex-spouse in court. That may especially be true if you also share children. Post-divorce actions occur when one party petitions the court to enforce or amend some portion of the divorce decree. Typically, this can happen when a party is seeking a change to existing child custody arrangements or matters involving child support.

Under Arizona law, either ex-spouse can initiate a post decree action by petitioning the court. Usually, this is done with the help of an attorney. Your attorney will make your case on your behalf to the court as to what needs to be done. They will also make the argument as to why the court's action is necessary.

In a previous post to our blog site, we talked about steps that you can take to enhance your chances of success in these types of situations. For example, if you are seeking additional parenting time, then it is in your best interests to always maintain your children's drop-offs and pickups in a timely and cordial manner with your ex-spouse. The court will almost certainly check to see if either parent has been observing the custody schedule.

Additionally, eliminating discussion about money is always a good idea if you are seeking a modification of a child support order. There's nothing to be gained by mentioning changes in your income, whether positive or negative, with your children or your ex-spouse.

Our law firm aggressively represents clients in all types of post-divorce proceedings. Based in Phoenix, we have over 30 years combined experience representing clients in family law matters in Maricopa County and throughout Arizona. Prospective clients can call us today to schedule a free consultation regarding their post-divorce actions.

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