Can You Change Your Mind After Agreeing to a Settlement in an Arizona Divorce?
Once you reach a settlement in your divorce, it can feel like things are finally over. You’ve signed on the line and there is a lot of relief that it is all finished. But sometimes things come up, and you realize you want to make changes to what you agreed to. Knowing when you can change things is important. The answer will depend on what stage of the proceedings you’re in, whether the court has signed the agreement, and whether the other party agrees to the changes.
At JNH Legal Services, PLLC, our legal paraprofessional is a strong negotiator and is very familiar with Arizona family law. He can help you work through any changes you want to make to your settlement agreement after an Arizona divorce.
Agreements Before the Court Signs the Divorce Decree
If you come to an agreement with your current spouse, but it is not yet a final decree, it is easier to make changes. You can withdraw your consent to the settlement agreement if:
- Your agreement isn’t submitted to the court yet, or
- If the agreement was submitted by the judge hasn’t approved it
When this is the case, you can let your spouse and the court know you no longer agree to the terms. This may require some renegotiation, and is best handled with a paraprofessional at your side to avoid derailing a negotiated settlement.
Agreements After the Court Signs the Divorce Decree
Once the judge signs the divorce decree, the settlement becomes a binding court order. At this stage, changing your mind is much harder.
Arizona law treats a signed decree as final, especially regarding:
- Property division
- Debt allocation
Terms cannot be easily changed once the decree is entered. It requires the filing of an appropriate motion to modify, but some terms may be permanent and unmodifiable without very specific justification as to why there should be an exception.
When a Final Divorce Settlement Can Be Challenged
Although rare, Arizona courts may set aside or modify a final settlement if there is strong evidence of legal wrongdoing or serious procedural problems. Valid grounds may include:
- Fraud
- Concealment of assets
- Coercion or duress to enter into the agreement
- Mutual mistake or misunderstanding
- Lack of capacity to enter into the agreement
- Improper legal procedures
These challenges must be supported with evidence, and they must be filed within strict deadlines.
Modifying Child-Related Terms After a Settlement
Child-related provisions are treated differently from property and debt division. Arizona courts allow modifications to:
- Legal decision-making authority
- Parenting time schedules
- Child support
These changes can be requested after the divorce is final, but only if there has been a substantial and continuing change in circumstances that affects the child’s best interests. Examples include:
- A parent relocating
- A significant change in income
- Safety concerns or domestic violence
- Changes in a child’s medical, educational, or emotional needs
Unlike property division, child-related terms are never truly permanent because the court’s priority is the child’s well-being.
What Happens If You Simply Refuse to Follow the Agreement?
If the settlement has already been incorporated into the final decree, refusing to follow it can lead to:
- Contempt of court
- Wage garnishment
- Fines or sanctions
- Attorney’s fees for the other spouse
If you believe the agreement is unfair or unworkable, the safer approach is to seek legal modification rather than violate the order.
When to Consult an Arizona Legal Paraprofessional
A legal paraprofessional (LP) can help you analyze your case and determine the best path forward. Jason Halper, the founder of JNH Legal Services, PLLC, is a dedicated LP with years of experience helping clients find cost-effective and efficient solutions. He is an accomplished paraprofessional and author, writing “Licensed to Lead: A Comprehensive Guide to Emerging as a Legal Paraprofessional.”
A legal paraprofessional can help you modify a prior divorce settlement agreement when you need it.
Modify Your Settlement Agreement or Divorce Decree With Help From a Legal Paraprofessional
Jason Halper can help you seek the modifications you need to an existing agreement. How to accomplish that goal differs depending on your situation, so working together to learn about the next steps is key.
Consult an experienced legal paraprofessional at JNH Legal Services, PLLC to learn more about how we can help. Contact us today to schedule a consultation.
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