Lake Travis Divorce Modification Lawyer

Experienced Divorce Modification Attorney in Lake Travis, TX

Getting divorced can be a tumultuous experience for all parties involved, especially if you weren’t the one who initially filed. Once the divorce is granted, it’s understandable to believe that the process is over and you can start to move on. However, there are many different circumstances that may lead to a necessary modification of the original divorce decree. To assist with this, you should contact a Lake Travis divorce modification lawyer for help.

The legal team at Heinrich Christian, PLLC, understands how difficult a divorce modification can be if you don’t know what the process is. Texas has very clear divorce modification laws, including being able to prove that a substantial change in circumstances has occurred to warrant the modification at all. A Lake Travis divorce modification attorney can assist you. Our team can bring over 25 years of combined legal experience handling family law to your case.

What Is Divorce Modification in Texas?

If you decide to move forward with your divorce modification case in Lake Travis, your case is going to be handled by the Travis County District Clerk’s Family Division. However, you are legally required to file your modification request in the same court that initially handled your divorce. You should hire a divorce modification lawyer to make sure that you file your request in the right place.

Texas has a significant marriage rate of 49%, as well as one of the lowest rates of divorce in the country at just 2.1 per 1,000 people. Just because the divorce rate in the state is low, that doesn’t mean divorce is rare. It happens all the time for many different reasons. Certain circumstances in life, such as a job loss, a relocation, or the evolving needs of your kids, can result in a need for a divorce modification. 

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The Divorce Modification Process

Before you pursue a legal request to modify your divorce agreement, you need to understand every step in the process. The state of Texas takes legal matters involving divorce seriously. You don’t want your request to be turned down because you missed an important step. Here are the steps in the divorce modification process:

• Verifying eligibility. The process begins by making sure your situation qualifies for a modification in the first place. If you’re modifying a child custody order, it has to be at least three years since you last modified the same order unless your child’s well-being is at risk. Generally, property division cannot be revisited. That decree is final.
• Filing the petition. Make sure you file the correct petition in the original county court that handled your divorce. Specifically, you have to file a Petition to Modify the Parent-Child Relationship if what you are pursuing is a motion to change child support, custody, or visitation. If you’re trying to reduce or increase spousal support, file a Petition for Modification.
• Serving your ex. Your ex needs to be notified of your intent to modify the divorce decree. Much like the original divorce papers, they need to be formally served by a process server or by certified mail. That way, they have notice of the proceedings. Since this involves your children, it’s likely that they already know about the modification, and this is just a formality.
• Mediation. Many counties in Texas require you to attempt mediation with your ex to resolve the modification dispute outside of the courtroom. However, if you are unable to negotiate a settlement, the case is brought before a judge to be settled through litigation. This is why you should consider hiring a modification lawyer for help.
• Final hearing. If an agreement isn’t reached, the case proceeds to a formal hearing. The judge reviews your evidence and issues a modified divorce decree if doing so would be in the interest of your child.

FAQs

Can You Modify a Divorce Decree in Texas?

Yes, you can modify a divorce decree in Texas, but the rules are different depending on what exactly you’re trying to modify and how recently your divorce was finalized. Property division rulings are usually final and cannot be modified. Child custody orders can be modified if there has been a significant change in circumstances. Spousal support can be modified if the receiving spouse remarries or if the paying spouse has a significant financial change.

Do You Need a Lawyer to Do a Custody Modification in Texas?

No, you are not legally required to hire a lawyer for a custody modification in Texas. However, it’s highly recommended that you hire one anyway because navigating the court system on your own can be overwhelming and complex. Whether or not you need legal representation for your case depends largely on whether your situation is mutual or contested.

What Assets Cannot Be Touched in a Divorce in Texas?

In a Texas divorce, only community property is divided. Any separate property cannot be touched. Separate property can include any premarital assets, inheritances, gifts, and personal injury settlements. In a divorce modification case, separate property cannot be revisited, as asset division is final. There are very few instances where asset division might be revisited in a modification, including in cases of fraud or enforcement.

What Is the 60-Day Rule for Divorce in Texas?

The 60-day rule for divorce in Texas refers to a mandatory waiting period for an original divorce petition to be finalized. The Texas court system requires you to wait 60 days before finalizing your divorce, even if both partners are in total agreement and have prepared all the paperwork. The countdown applies to both contested and uncontested divorces. This is generally in place to give couples time to reconsider their decision and prevent impulsive actions.

Hire a Divorce Modification Lawyer Today

At Heinrich Christian, PLLC, we know how hard it can be to revisit a divorce decree. We can assist you throughout the filing process and help you avoid costly mistakes. If you are seeking assistance with a divorce decree modification in Lake Travis, contact us to speak with a member of our team about your options.