Life after a divorce decree might feel like you’ve crossed the finish line after a marathon. But as we all know, life loves to throw curveballs. Jobs change, people move, kids grow, and suddenly, the agreements that once made sense now need a second look. That’s where divorce decree modifications come into play—a legal process that acknowledges how life’s shifts can affect what we once thought was set in stone.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Is A Divorce Decree?
Before diving into the nuances of modifications, it’s essential to understand the foundational elements of this process. A divorce decree is a court’s final order concluding the divorce process, outlining the terms of the divorce. This legally binding document covers all aspects of the separation, including but not limited to, asset division, child custody, child support, and alimony. It essentially finalizes the rights and responsibilities of each party post-divorce, making it a cornerstone document in the lives of those who have undergone this legal separation.
What Is Modification?
A modification, on the other hand, is a legal adjustment or change to the terms outlined in the divorce decree. As lives evolve and circumstances change, modifications allow for the decree to be updated to reflect current realities better. Whether due to financial changes, relocation, or the changing needs of children, modifications ensure that the divorce decree remains relevant and fair over time.
This process acknowledges that life does not stand still and that the law provides a mechanism to adapt to these inevitable changes, ensuring that the agreements continue to serve the best interests of all parties involved, especially any children from the marriage.
Why Modify a Divorce Decree?
A divorce decree modification is essentially a recognition that life doesn’t stay static. Whether it’s child custody arrangements, visitation schedules, child support, or alimony, the conditions that made sense at the time of your divorce might not fit your reality today.
Maybe one parent has a new job that changes their availability, or perhaps the needs of your children have evolved as they’ve grown. These life changes are common, and the law provides a way to adjust to them.
The Grounds for Modification
The Texas Family Code outlines specific grounds upon which a divorce decree modification can be sought. It emphasizes that a change can be considered if it is in the “best interest of the child” and if there has been a “material and substantial change” in the circumstances of the child or a party since the original order or the last modification.
For child support modifications, for instance, the Texas Family Code, Section 156.401 states that a decree can be modified if:
- It has been three years since the order was established or last modified, and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with child support guidelines.
- A material and substantial change in circumstances has occurred since the original order was established or last modified.
Regarding custody or visitation modifications, Texas Family Code, Section 156.101 requires a showing that the modification would be in the best interest of the child and that there has been a material and substantial change in circumstances since the original order.
The Process of Seeking Modifications
To initiate a modification, one must file a motion in the same court that issued the original divorce decree. This motion should outline the changes in circumstances that justify the modification and how the proposed changes align with the best interests of the child or parties involved.
The process involves serving the other party with the motion, allowing them the opportunity to respond. The court will then review the motion, along with any responses, and a hearing may be scheduled. During this hearing, both parties can present evidence and arguments for or against the modification. The judge will consider all the information presented and make a decision based on the law and the best interests of the child or the parties involved.
Pertinent sections of the Texas Family Code that guide these procedures include Section 156.101 (for modifications of conservatorship or possession and access), Section 156.401 (for child support modifications), and Chapter 157 (for the enforcement of a modified order).
For families in Texas, understanding these legal frameworks is crucial. It provides a basis for evaluating whether a modification is feasible and under what conditions it can be pursued. The Code also serves to protect the rights and welfare of all parties involved, especially the children whose lives are most impacted by these legal proceedings.
Special Considerations
However, couples should be aware of potential complexities such as the division of overseas assets, understanding of foreign marriage contracts, and issues related to international custody disputes. These factors require careful navigation and a deep understanding of both Texas law and international legal principles.
Connect With Fort Worth Attorneys Today!
Change is one of life’s few constants, especially after a divorce. When those changes come, you need a legal team that understands not just the laws, but the very human emotions and challenges you’re facing. At Turner-Monahan, PLLC, we offer more than legal advice; we offer support, understanding, and a deep commitment to helping you and your family thrive, no matter what life throws your way.
Your divorce decree might have been a finishing line, but life’s race goes on. With Turner-Monahan, PLLC, you have a team ready to run every new lap with you, ensuring your legal agreements keep pace with your life. Because in the end, we’re not just representing you; we’re walking this path together, one step at a time.
Whether you’re facing divorce, custody, or spousal support issues, we’re here to help. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
