In Texas, like in any other state, a divorce decree is the final ruling from the court that officially ends the marriage. However, it is more than possible that circumstances may change after a divorce’s finalization, and it may later become necessary to modify the terms of the original decree.
If you are requesting or objecting to a modification, here are some key points you should know about divorce modifications in Texas:
1. Aspects available for modification
A request to modify terms from a divorce does not mean the court will change the entire order. Modification can apply on aspects which may require it. The most common modifications involve child support, child custody (also known as conservatorship in Texas) and spousal support.
2. Significant changes in circumstances
For a judge to consider a modification, the party requesting the change must demonstrate a significant change in circumstances since the court issued the original decree. This could include a substantial change in income, relocation, changes in the child’s needs or other relevant factors.
3. Resolution approaches
Depending on the circumstances and the judge’s discretion, the court may require the parties attend mediation to try to resolve the issues before going to court. If mediation is unsuccessful, the matter will proceed to a court hearing where a judge will decide based on the facts and evidence.
Understanding the legal process
The modification process begins with filing a petition with the court that issued the original divorce decree. The court will then serve the other party with the petition and will have the opportunity to respond. Regardless of which party you are, it is advisable to seek legal representation given the complexities involved in modifying a divorce decree.