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Divorce can be a difficult and emotional process, but it doesn’t have to be. In Texas, family courts can modify pre-existing agreements between spouses if circumstances change or one party cannot uphold their end of the agreement. This article will explain how family courts in Texas approach modifying divorce settlements and what rights you may have when seeking such a modification.
What is a Divorce Decree Modification?
Divorce decree modification is the process of changing an existing agreement between divorcing spouses. In Texas, these agreements are typically made during the divorce process and can include orders related to custody, visitation rights, spousal support, or division of assets and debts. When a spouse believes their circumstances have changed significantly, or the other spouse is not upholding their end of the agreement, they may be able to seek modifications in court.
Divorce decree modification can also be used if you and your former partner cannot reach an agreement on one or more issues during the divorce process.
When Can You Request a Modification?
In Texas, the court must approve any modification to an existing divorce settlement. In most cases, the courts will only consider modifications if the circumstances of either spouse have significantly changed since the original agreement was signed. This could include changes in income or financial status, relocation, job or health status, and other factors.
It is important to note that the courts will not consider any modifications based on minor changes in circumstances. Any agreement modification must be significant enough to warrant a change.
How Does The Court Decide Whether To Grant A Modification?
The Texas family court will consider several factors when considering a modification request. These include the length of the marriage, whether both parties agree to the proposed changes, and any evidence provided to support either party’s position. The court will also consider each party’s financial circumstances and any changes to either spouse’s ability to abide by the original terms.
Finally, the court must determine whether or not the proposed modifications are in the best interests of any minor children involved. If so, they may grant a modification to ensure that all parties can uphold their agreements and maintain a healthy relationship with the children.
Contact Us at The Stuart Firm
In summary, Texas family courts do have the ability to modify divorce settlements in certain cases. It is important for divorcing couples to understand their legal rights and options so that they can make informed decisions about any modifications they may need. If you have questions about making divorce decree modifications, it is best to speak with an attorney. With the proper preparation, you can ensure that your voice is heard. Call us today to discuss your case.