Modification of Divorce Decrees

The Texas courts generally take great care when drafting divorce decrees, aiming to issue fair and reasoned decisions. Judges are not immune from erring, though, and may issue decrees that are unjust. Further, after a divorce is final, circumstances can develop that necessitate a change in a divorce decree. Fortunately, Texas law allows for the modification of divorce decrees, but only under certain circumstances. If you have questions regarding your rights following divorce, it is smart to speak to an attorney as soon as possible. The skilled Dallas divorce attorneys of McClure Law Group are well-versed in what it takes to obtain positive outcomes in divorce actions, and if you engage our services, we can help you take the measures necessary to protect your interests.

In Texas, a divorce decree is an order issued by the court that legally dissolves a marriage and sets forth the terms and conditions of the divorce settlement. Generally, this includes conservatorship and access rights, visitation schedules, child support, division of assets and liabilities, and spousal maintenance, if applicable. The divorce decree is binding, meaning both parties are legally obligated to follow it.

Overall, the court's primary objective in issuing a divorce decree is to ensure a fair resolution of any disputed issues issues related to the divorce, while prioritizing the best interests of any children involved, in accordance with any applicable laws.

The Texas Family Code governs the modification of divorce decrees. Specifically, it outlines the procedures and requirements for modifying orders related to child custody, visitation, child support, and spousal maintenance, including divorce decrees.

Typically, the party seeking a modification will file a petition with the court that issued the original divorce decree. Pursuant to the Code, a court will only grant a modification if the moving party demonstrates that there has been a material and substantial change in circumstances since the entry of the original order.

In cases where a party seeks to modify child custody provisions in a decree, significant changes could include either parent’s relocation or a shift in the child’s needs or the parent’s ability to provide and care for the child. In compliance with the Code, the courts will prioritize the best interest of the child when evaluating whether to grant requests for such modification. In doing so, the courts will evaluate factors such as the child's emotional and physical well-being, stability, and relationship with each parent are carefully evaluated. Additionally, the court may consider the preferences of the child if they are of a sufficient age and maturity level.

Regarding requests for modification of child support or spousal support provisions of divorce decrees, a significant change in either party’s financial circumstances, such as a change in income or employment status, may warrant a modification. A change in the marital status of a party receiving spousal support may be grounds for altering support provisions as well. It is important to note, however, that the Code does not provide for automatic modification of divorce decrees. Instead, any modifications must be approved by the court.

While divorce decrees set forth final judgments that bind the parties, they can be amended when specific scenarios arise. If you want to learn more about the modification of divorce decrees in Texas, it is in your best interest to talk to a lawyer. The dedicated Dallas divorce attorneys of McClure Law Group are skilled at helping people fight to obtain favorable outcomes in dissolution proceedings, and if we represent you, we will argue aggressively on your behalf. Our primary office is located in Dallas. We are also available to meet clients by appointment at our Collin-County office, which is located in Plano. We frequently assist people with divorce lawsuits in Dallas, Garland, Fort Worth, Rockwall, Irving, Richardson, Frisco, and McKinney. We routinely represent people with family-law matters in cities in Dallas, Denton, Rockwall, Collin, Tarrant, and Grayson as well. You can contact us by calling 214.692.8200 or by using our form online to arrange a meeting.