When Can a Texas Divorce Order Be Modified?

 Posted on June 27, 2022 in Family Law

To avoid repeated court visits, harassment by ex-spouses, and disruptions to the life of children of divorced parents, Texas courts set strict limitations around when divorce orders can be modified. Certain parts of divorce decrees are easier to modify while others are, practically speaking, next to impossible to change. If you have been divorced in Texas and are wondering whether your divorce order may be modified, read on and then contact a Llano County divorce attorney for help. 

Mistakes in Application of Law

If you believe the judge in your case made a mistake applying the law - for example, if an asset was considered your spouse’s personal property and you are sure it is marital property - you have 30 days to file an appeal. Even if you simply disagree with the judge’s findings in your original divorce decree, you do have the right to an appeal. A higher court will review your case and determine whether the judge in your case made any mistakes, although such a finding is rare. 

Agreement Between Ex-Spouses

If you and your former spouse have agreed to change certain things after the divorce is finalized, such as rearranging your custody schedule or changing spousal maintenance payments, a judge will usually approve it if it meets Texas law guidelines. For example, a parent’s job may change and so a change in the parents’ possession and access order is likely to be approved as long as it is in the child’s best interests. 

Substantial Change in Circumstances

Even when spouses do not agree, a substantial change in circumstances may be enough to warrant a modification to the original divorce decree. Whether this is a change in custody arrangements, child support payments, or alimony, if you can successfully argue your case before a judge, you may have your divorce decree modified. However, the change in circumstances really does need to be substantial and judges do not look kindly on frivolous petitions. 

For example, if a parent loses a job in a recession and genuinely struggles to find another job, a judge may offer temporary child support payment relief. But if a parent changes jobs to transition to a career he or she likes better, small differences in salary will not likely be considered a significant change in circumstances.  

Speak with a Llano, TX Divorce Order Modification Lawyer

At Law Office of Russ Alan Baker, PLLC, our experienced Llano County divorce attorney wants you to save time and money by pursuing legal procedures that are likely to be successful. To that end, we will help you determine whether modifying a divorce decree is possible or practical and then help you with whatever decision you make. Call us today at 325-216-2006 to schedule a consultation in our comfortable Young Street offices. 

Source: 

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.156.htm