What Components of a Divorce Order Are Potentially Subject to Change?
Your divorce is final and there’s a judgment in place setting forth the details of custody, visitation, support and the allocation of marital assets. Then things change…can all the different components of a divorce decree be modified in Texas? What must you show? How do you seek modification?
Modification of a Divorce Decree a Common Occurrence
Though the courts and the parties typically seek to put long-term measures in place, it’s more likely than not that one of the parties will ultimately seek to change the conditions of custody, visitation, support and the division of assets. The Pew Research Center found that, in the majority of divorce filings across the United States, at least one of the parties subsequently sought to modify the original terms of the court order.
What Aspects of a Divorce Decree Can Be Subject to Modification?
As a general rule, any ruling set down in the divorce judgment may be amended. Either party to a divorce may ask the court to:
- Change the terms of custody and visitation, including denial of access
- Increase or decrease child support or spousal support/maintenance
- Change ownership or use of marital assets
How Do You Seek Modification of a Divorce Decree in Texas?
In Texas, you may only seek to change a divorce order if you can show a “material and substantial change in circumstances,” or that making the requested change is “in the best interest of the child. To initiate the process, you must file a “suit for modification, customarily in the same court where the initial divorce was filed. Once that petition has been filed, you must formally deliver (“serve”) a copy to the other party. The court may then require that you make an attempt to resolve the issue through mediation. If you do, the court will require an agreement, which will be signed and entered into the record of the court. If you can’t settle the matter in mediation, the court will hold a hearing, take testimony and render a judgment.
Contact DTX Family Law for Sound Advice Regarding Modification of a Divorce Decree in a Texas Divorce
At DTX Family Law, we built our reputation and practice by focusing on the needs and best interests of our clients. We have an extensive knowledge and understanding of Texas divorce laws and procedures. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties and the municipalities of Keller, Euless, Hurst, Colleyville, Bedford, Crowley, Lake Worth, Benbrook, Haslet, Saginaw, Watauga, Richland Hills, White Settlement, River Oaks, Forest Hill, Kennedale, Westover Hills, Lakeside, Pelican Bay and North Richland Hills