Cypress Divorce Modifications Lawyer
In the years following your divorce, it is common for your circumstances to change. You may end up re-marrying and having another child or you may develop an illness that reduces your capacity to work.
These circumstantial changes could mean that the divorce agreements you made several years ago no longer suit your situation. Thankfully Cypress, TX allows for the modification of divorce decrees if you can provide the right evidence. This is called a “divorce modification” and allows you to petition the Judge for a tweak in the legally binding decree.
For this petition to stand a chance of being successful in Cypress, TX your best chances are to obtain the help of a skilled divorce lawyer, one with experience in Cypress, TX family law cases.
Unsure if your circumstances allow for a divorce modification?
Speaking to a law firm with a team of Cypress divorce lawyers is the quickest way to find out.
A reputable law firm, such as Skillern Firm, will be able to evaluate your situation and our team of Cypress family law attorneys will be able to provide the best course of action and immediate advice.
Contact Skillern Firm
At Skillern Firm, we are a law firm that specializes in family law. This means we have a vast wealth of experience and knowledge when it comes to family law cases.
Our Cypress divorce lawyers have helped numerous spouses move through the divorce process and have been on hand, years down the line, to help them modify their divorce decrees to better suit their current position.
Skillern Firm’s Cypress family law attorneys have handled numerous applications for a divorce modification in the past and this means we know how to frame your application so that the process runs as smoothly as possible.
Call us at 936-213-8479 to arrange an initial case evaluation with one of our Cypress family law attorneys.
Are Divorce Decrees Legally Binding in Cypress, TX?
When it comes to divorce decrees, some aspects of the decree are legally binding. For example, you are obligated to maintain spousal support and child custody arrangements. You must also follow the decree in the division of your marital assets.
The court has the power to hold any party that violates the legally binding aspects of the decree accountable for their violations.
Years down the line from a divorce, it is often the case that an individual’s situation or circumstances will look very different from how they did when the decree decisions were made.
If your situation or circumstances have changed, you may find it difficult to follow the existing decree. In this case, a divorce modification is often the best approach to take so get in touch with your divorce attorney. They will have dealt with divorce modifications before and can help you through the process.
When Can Divorce be Modified in Cypress, TX?
In the state of Texas, getting a decree changed can take some serious work and evidence. For any chance of success, you will need proof that your circumstances have changed to the point where the decree needs to be modified.
On top of that evidence, a period of 6 months or more must also have elapsed between the finalization of the divorce and the appeal for a modification. However, the courts will usually look more favorably upon decree modification requests, the further past the 6 month mark the appeal is made.
Sometimes ex-spouses settle their differences and become more amicable in the future. If you and your spouse are in total agreement over the changes that you want to make, the process is much simpler and a modification may be made to the agreement.
Child Support Guideline Changes
If you are looking at appealing for a change in child support payments, you cannot appeal for this change until a period of 3 years or more since the finalization of your child support agreement has elapsed.
If one party goes on to remarry and have children in the new marriage, they may be able to seek a modification to reduce alimony and child support payments.
If you develop an illness or disability that forces you into unemployment, you may also seek a divorce modification as you may no longer be able to afford your payments.
Modification Of Alimony
Under the Texas Family Code modifications can be made to child support, child custody, and spousal support arrangements. The most common modification appeal that we deal with here at Skillern Firm is changes to alimony or spousal support payments. Alimony payments are payments made by one ex-spouse to the other in order to financially support them after the marriage ends.
Alimony was designed to help parties who may have sacrificed things during their marriage, such as earning potential and careers to care for children.
There are numerous reasons to seek a modification in alimony payments. One example may be losing a job, another may be the development of an illness that reduces the parties’ ability to earn the same income.
In order to seek a modification to the amount of alimony that you have to pay, you will have to work with your attorney to provide substantial evidence of the change in your circumstances.
Child Custody Modification
Usually, when both parents want full access to their children, one party is left unhappy with the custody results following a divorce.
Later on down the line, parents might want to seek primary custody or to increase the level of visitation they were awarded by the Judge.
Here are a few examples of why a parent might want to change their child custody arrangement:
- A child’s residence changes.
- A child develops a mental, emotional, or physical disorder that one parent is much better equipped to deal with.
- A child shows a strong desire to live with one parent.
- An improvement in the life, career, and ability to provide for the child’s needs of the party who was not given visitation rights or custody during the divorce proceedings.
- A child custody modification is also possible if both parties agree that the child’s primary conservator should change.
Ultimately, the choice will come down to the Judge and in the state of Texas, the Judge will always make a decision based on what they believe to be in the best interests of the child.
Child Support Modification
In order to appeal for a change in the level of child support that you have to pay, you will need to ensure that a period of 3 years or more has elapsed since the decree was finalized.
You must also be able to show substantial evidence that your current situation and circumstances are different from when the decree was ordered.
Some reasons that a Judge may find acceptable grounds for a child support modification could include:
- A large decrease or a large increase in one party’s salary and income.
- Becoming unemployed.
- Losing a house.
- The child developing needs that require more financial support.
- The child developing medical issues that require financial support.
- One party remarries and has children in the new marriage.
What Traits Should I Look For in a Family Law Attorney?
Finding the right family law attorney can seem like a scary task. After all, this individual will be fighting for decisions that are going to have a massive impact on your life in the near to distant future.
When you are doing your research on what law firm and what team of divorce lawyers to hire, you should look for a team that shows all the right qualities.
To begin with, if you have never used the firm before, we recommend finding a family law attorney that is willing to offer an initial consultation and case evaluation. During this meeting, you can begin to get a feel for how they work and ask any immediate questions you have.
It is their job to use the initial consultation to instill confidence in you. If you are leaving that meeting without feeling confident in their ability, you might want to look elsewhere.
Experience in Family Law Matters
Any team of good Cypress, TX family lawyers will be able to provide a list of wins and previous happy customers to a new client.
Word of mouth and independent review sites are also good ways to ensure you are making the right choice.
Accessibility and Attorney-Client Relationship
A good family law attorney will show you the right level of personal attention. Remember, if they are good at what they do, they will have a full caseload of clients so you should never expect instant around-the-clock access to them.
You should, however, feel that they allocate you the right amount of time. They should reply to queries promptly and make time in their schedule for any meetings and phone calls you need to have.
Cypress, TX Divorce Attorney Modifications FAQ
Q: Can you amend a divorce decree in Texas?
A: Yes, it is possible to seek a divorce modification in the state of Texas. It is, however, a difficult process and will require strong evidence and a skilled family law lawyer.
Q: What is a modification lawyer?
A: Modification lawyers are simply family law lawyers who have a lot of experience in dealing with divorce modifications. Most family law lawyers will be experienced in modifications.
Q: Does a good Cypress, TX divorce attorney make a difference?
A: With divorce modifications being challenging to obtain, you will have the best possible chances of success if you seek skilled legal representation from a law firm with a lot of experience in dealing with modifications.
Contact a Family Law Firm in Cypress, TX
At Skillern Firm, we help guide clients from the beginning of their divorce process to the finalization of their decrees, as well as later on down the line, through any modifications they need to make.
We make sure to prioritize our attorney-client relationship, fighting aggressively when we need to protect your individual rights.
We want you to have the best possible chances at a bright future and we will fight to make that happen.
We can help, whether you are looking to make modification changes yourself, or you are concerned about the changes your ex-spouse is looking to make. In either situation, you are in capable hands, here at Skillern Firm.
We ensure that every divorce and family law attorney here at Skillern Firm is skilled in the art of mediation and negotiation. We can create a safe space for you and your ex-spouse to come to a more amicable arrangement, saving you time and stress.
We have a long list of happy clients and have the knowledge and the skill to fight for your rights when you need it most.