You cannot reopen a divorce case, but in some circumstances, you can file a petition to modify a divorce decree. In most situations, ex-spouses seek to amend a divorce decree if circumstances change as far as child support and custody are concerned. These changes can include income changes, changes relating to the proper care of a minor child, and when one party is relocating to another state.
An experienced divorce lawyer can help you achieve your goals when you request for modification of a divorce decree.
Page Contents
What Do Changes In Circumstances Mean?
Can A Divorce Decree Be Modified
There must be “substantial changes in circumstances” for you to modify a divorce decree. The changes must have occurred after the court issued the original order. A substantial change must be significant enough that it prevents you from complying with your divorce decree.
A “modification” is an order a court issues to allow you to change the original divorce decree.
The party seeking the change is referred to as the “movant”. There is no time limit for seeking a modification as long as you start the process after the divorce decree is issued. But judges may be suspicious if you file a petition for modification within six months of the divorce.
Some states require you to offer substantial evidence of significant new developments if you file a motion for modification within a year of divorce.
How To Prepare For Modification
Your circumstances are bound to change after a reasonable time has passed after your divorce. Changes can be of any nature and may involve your children, financial issues, and more. The law expects that such changes may occur and provides tools to deal with these circumstances.
Remember that how you behave as a parent can determine whether or not you get a modification. You must be a model parent who maintains an interest in all aspects of raising your children. Not paying child support on time or failing to spend time with your children can make it harder to get a modification.
How To Justify Modification
Your past behavior is important in this situation because it enhances your modification case, especially if your behavior is of a higher standard compared to that of your ex-spouse. Good behavior includes sincerely trying to solve problems amicably. Make sure there is a written record of correspondence between you and your ex-spouse.
This correspondence will show the court that you tried to resolve the issues and that filing a petition for modification was the final course of action.
The way you behave in court is also important, so avoid making petty complaints or any behavior that makes you seem like an unpleasant person.
Can You Modify A Spousal Maintenance Order?
Can You Amend A Divorce Decree
The divorce decree will have all the spousal maintenance terms that you are obligated to follow. But as long as you can prove that there is a substantial change in circumstances of yourself or your ex-spouse, you may be able to modify the alimony terms in the divorce decree. Talk to an experienced divorce lawyer in Texas, to help you file the petition to modify your divorce decree.