The Steps Required under Texas Law to Modify Your Divorce Judgment
When your divorce is final, but your situation has changed, you can turn to the Texas divorce modification process to amend the provisions regarding custody, visitation, support and the allocation of property. Though you’ll want representation from an experienced and proven divorce and family law attorney, it’s always in your best interests to fully understand how the process works.
Your Right to Modify a Texas Divorce Judgment
In Texas, as in all states, the terms of a divorce order, while binding and enforceable in a court of law, are not etched in stone. In fact, more than half of all Texas divorce decrees are modified by one of the parties.
The Legal Steps in the Texas Divorce Modification Process
Before the court will consider your petition, you must demonstrate, by the weight of the evidence, that there has been a “material and substantial change in circumstances” affecting either a parent or a child. As a general rule, the loss of a job or a change in employment is not, per se, a material and substantial change.
To initiate the legal process, you must file a “Petition to Modify” your divorce order. This petition must be filed in the same court in which your divorce proceedings were conducted.
Once you have filed your petition with the court, you must ensure that your ex is “served” with a copy of the request for modification. You may do this yourself or use the services of a process server, but you will need to document that your ex has received the petition.
Once the request to modify has been properly served, your ex (also known as “the respondent”) will have 20 days to file an answer to the petition.
In many courts, once the answer is filed, the parties must first attempt to resolve the issue through mediation. If that works, the parties must sign and file a copy of the agreement with the court.
If the issues cannot be resolved through mediation, the court will schedule a hearing, consider testimony and other evidence, and render a decision.
Contact DTX Family Law for Guidance in a Texas Divorce
At DTX Family Law, we always give top priority to the needs and best interests of our clients. We know that the legal process can be complex and confusing, and 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. We can help you determine whether an agreement incident to divorce is in your best interests and can draft one for you, if necessary.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties, as well as the cities of Flower Mound, Highland Village, Bartonville, Lake Dallas, Corinth, Frisco, Northlake, Trophy Club, Haslet, Justin, Ponder, Coppell, The Colony, Lantana, Argyle, Roanoke, Copper Canyon, Hickory Creek, Lewisville, Little Elm, McKinney, Allen, Princeton, Anna, Lavon, Melissa, Parker, Lavon, Westminster and Weston