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Changing a Divorce Decree in Texas

Posted by Chris Peterson | Jul 20, 2014 | 0 Comments

Changing a Divorce Decree in Texas

Changing a Divorce Decree in TexasWhen a divorce is finalized the court will issue a final decree. However, it is very often the case that the divorce order will need to be modified at some point later, whether formally or informally. Should changing circumstances necessitate such a modification it is important that you hire a divorce attorney in Conroe to protect your interests.

Reasons for Modification Acceptable to the Courts

The circumstances of both parties are likely to change significantly over the course of time, especially when children are a part of the equation. A Texas family court will always hold as paramount the best interests of the children when rendering divorce decrees and considering modification requests. That said, the court only accepts certain grounds as valid for a change to a divorce decree. To wit, there must be a “material and substantial” change. While such a vague requirement gives the court wide latitude, generally this involves a significant change in income, living circumstances, or location.

Common Grounds for Changing a Divorce Decree

It is relatively uncommon for a family court judge to order a modification to division of assets. Most changes to a divorce decree involve minor children in some way. One party may experience loss of job or move to another state. Most modifications affect:

  • Child Support
  • Child Custody and Visitation
  • Spousal Support

Often divorced parents agree to changes in the decree informally, without seeking a court order, at least initially. A divorce attorney in Conroe will suggest that you and your former spouse formalize the modification. This protects both parties. For instance, the mother may have agreed to allow the father to pay her less in child support for a period of time if he is laid off from work. However, the father is thereby exposed to potential legal ramifications should a dispute arise later and the mother seek payment for the full support amount.

We Can Assist if You Need a Change to a Divorce Decree

It is fairly common for divorced parties to feel they need a modification to the original divorce order. Such a change, as noted, will only be granted by the court under certain circumstances. A divorce attorney in Conroe will present your case to the court and help you toward obtaining the modification you need. Call Peterson Law Group today at 979-703-7014 or 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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