Legal Question in Family Law in Arizona
Modify property settlement in divorce case
Can a property settlement be changed if included in a consent decree dissolution in Arizona? It was filed in Feb. 2007 and being contested in August 2008. How do I research the law that pertains to this?
1 Answer from Attorneys
Re: Modify property settlement in divorce case
Once you have reached a property settlement agreement and the judge has signed it as part of a consent decree you cannot renegotiate its terms unless you are claiming fraud or that there are some new assets that were not considered. Yor question does not give more information regarding why it is you want to change the terms of the settlement agreement... sometimes what people want is merely to enforce the settlement agreement because one party has not abided by the terms of the decree - if that is the case you file a motion to enforce the decree... those forms can be found at www.superiorcourt.maricopa.gov and go to the self service center. Most courts in the state will accept Maricopa County's forms - just make sure you change the designation from Maricopa to whatever county your matter is in.