What Must You Show the Court to Be Eligible to Amend a Divorce Decree?
One of the certainties in life is change. If you’re a party to a divorce in Texas, chances are good you or your spouse will seek to modify the divorce decree at some point. You can’t do that, though, without a valid reason. What grounds are available in Texas to seek the post-divorce modification of a court order?
Modification of Divorce Tends to Be the Rule, Rather than the Exception
If a change in circumstances has you considering filing for modification of your divorce decree, you’re not alone. According to a study conducted by the Pew Research Center, more than half of all divorce judgments are subsequently modified by one of the parties.
The Grounds the Court Will Accept to Seek Modification of a Divorce Order in Texas
Under Texas law, a party to a divorce may only modify the divorce decree if there has been “a material and substantial change in circumstances,” or if granting the request for modification is “in the best interests of the child.”
Among the reasons commonly accepted by the court are:
- The proposed relocation of one of the parents, with the potential for changing custody and visitation schedules
- Health and/or safety issues, such as evidence of abuse or neglect, criminal activity or substance abuse
- Employment changes, though the loss of a job will not automatically affect the obligation to pay child support
- The wishes of the child, typically if the child is at least 12 years of age
- The remarriage of either parent
The parties may also agree to changes, but such agreement will typically be subject to oversight by the court to guard against fraud, coercion or undue influence.
Contact DTX Family Law for Sound Advice 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, including any issues related to college funding in a divorce proceeding. 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