Despite what the name suggests, a Final Decree of Divorce in Texas is not always final. Perhaps your former spouse took a new job and no longer has as much time to spend with the children as he or she once did. Perhaps the child visitation schedule set in your divorce decree does not match your current needs or the needs of your children as they have gotten older. Whatever significant changes have occurred in your life, the lives of your children or the life of your former spouse, your divorce decree may be able to be modified to reflect the current situation.
When it comes to Texas post-divorce modifications, modification requests typically fall into three main categories. Those categories include income and financial needs, child custody and enforcement. Parents can file a Motion to Modify the prior Order to address one of these type category changes. Typically, this Motion can be filed after one year from the original divorce decree date. It must state the specific grounds for the Motion for Modification. This is where having a competent Round Rock Post Divorce Modification Lawyer can be advantageous.
Grounds for Modification
The Texas Family Code contains the laws that govern modification cases in the State of Texas. Under Texas Law, modifications are not granted except in situations where a material and substantial change in circumstances has been experienced by one of the parties to the Divorce or a child. Therefore, to qualify for a modification of the Divorce Decree, a former spouse must show the court that a modification would be in the best interest of the child and the circumstances of the child, a party to the divorce or other party affected by the order have materially and substantially changed since the date of the order. Courts have considered whether a change is “material and substantial” on a case-by-case basis.
Each Motion for Modification of a divorce decree must state the elements necessary to prove the requested modification and must be properly filed and served upon the opposing party in the manner set out in Rule 21 of the Texas Rules of Civil Procedure. It is important to know and follow all established rules and procedures because a court will not allow a motion to modify the divorce decree unless the proper requirements have been followed and all persons involved have been properly served. If the motion is not properly filed and served, the court will deny the motion for modification. On the other hand, once you have established that there has been a material and substantial change of circumstances since the divorce decree, the Judge will allow the motion modifying the divorce decree.
For many people without attorneys, the process for obtaining a modification of your divorce decree is not an easy one. There is often a considerable amount of stress involved for persons who have not employed the services of an experienced Round Rock Post Divorce Modification Lawyer.
Whatever your reasons for post-divorce modifications, you increase your chances for a favorable decision when you retain the services of an experienced Post Divorce Modification Lawyer. With offices in Cedar Park and Round Rock, the team of attorneys at The Jackson Firm are knowledgeable and experienced attorneys that fight aggressively for their clients.
If you have questions regarding the modification of a Final Decree of Divorce, please do not hesitate to contact our Post Divorce Modification Attorneys in Round Rock at The Jackson Firm at (512) 960-2013.