When Life Changes, So Should Your Divorce Agreement. Our Modification Attorneys Can Help.
It is common for a former spouse to want to change an aspect of a final divorce decree, especially regarding child custody arrangements, child support, and/or spousal support orders. While terms of a divorce agreement are binding, it is possible to change them in a ‘modification.’
However, post-divorce modifications aren’t often easy and will only be considered if there has been a substantial change in circumstances. If you or your ex-spouse is hoping for a post-divorce modification, then you should seek help from an attorney who is adept in family law.
A post-divorce modification lawyer can help guide you through the process in Houston, Texas, and can help you obtain the best possible outcome.
Contact a Divorce Modification Attorney at Skillern Firm Today!
Skillern Firm, in Houston, Texas, is a family law firm with a team of experienced attorneys. We will do everything possible to ensure that our client’s goals are achieved and preserve their rights in a post-divorce modification.
We pride ourselves on our mediation and negotiation skills and are prepared to take on the unique details of your case. Contact us today to arrange an initial consultation with an experienced family law attorney on 936-213-8479.
When Can Divorce Decrees be Modified in Texas?
First, it is important to understand that a Texas divorce decree cannot easily be changed; a significant change in circumstances must have occurred.
The more time that has passed since the divorce, the better chance a modification request will have to succeed.
While it is natural for situations to change over time, without evidence of a substantial change, it makes little sense to go through the stress of the judicial system. Houston modification attorneys at Skillern Firm can help determine if you or a former spouse has grounds for modification and can guide you through the process.
Some examples of material and substantial change can include a change of jobs, financial circumstances, moved address, and a change in the health of a parent or child. All of these things could be grounds for a modification case, but not always.
Justifying Modifications in Houston, Texas
The behavior of former spouses will be taken into account in modifying a divorce decree. For example, if you are hoping to change a custody order, then the behavior of the custodial parent and the other parent will be paramount.
Good behavior can include attempts to resolve any issues amicably. Only once this approach has failed will family courts consider your requests unless an overriding health and safety issue exists.
One of the difficulties in changing divorce decrees can be evidencing good or bad behavior. Written records such as texts can become invaluable.
How To Modify A Divorce Decree In Texas
To amend a divorce decree, the petition must be filed in the same court where the divorce agreement was handled. During the hearing, the Court will take any material and substantial changes into consideration.
Common areas of modification include spousal support, child custody, and child support.
Modification of Spousal Support
Modification of spousal support is one of the most important modifications and will change the amount of money an ex-spouse must pay. A modification of spousal support may be granted if the party receiving support has experienced a substantial life change and can now meet their minimum reasonable needs.
Child Custody Modification
Child custody orders are another common divorce decree modification.
Certain aspects will have been decided during the final hearing of a divorce case, such as visitation schedules, primary custodial parent, and child support rights.
A child custody order may be changed if, for example, a child’s residence has changed or if both parties decide to transfer the role of the child’s primary conservator. However, the Judge will only grant changes if they believe they are in the child’s best interests.
Child Support Modification
To modify child support in Houston, Texas, at least three years must have passed since the child support order was signed. A child support order may also be modified if there is a material or substantial change in circumstances.
Divorce Modifications FAQ
What is a modification lawyer?
Divorce and divorce modification falls under family law; therefore, a modification lawyer is a family attorney who has experience dealing with divorce decrees and modifications.
Does a good divorce lawyer make a difference?
A good divorce attorney can guide you through complex legal proceedings and help minimize the lengthy court process and emotional stress associated with divorce proceedings. At Skillern Firm, we also believe in the importance of mediation and will work to minimize court involvement where possible.
Have Your Circumstances Changed? Contact a Divorce Modification Attorney Today.
At Skillern Firm, we strive for an attorney-client relationship based on trust and understanding. Therefore, we will take the time to learn about the details of your individual case and will do everything possible to protect your future.
Whether you are looking to modify your divorce or you are concerned about changes that an ex-spouse wishes to make, a divorce modification lawyer can help guide you through the process. We are skilled in mediation and will work to come to a solution as quickly and peacefully as possible.
Circumstances change, and whether your case involves child support, spousal support, or any other aspect of divorce, our law firm has the experience necessary to handle your case.