Your Texas divorce decree is a legally-binding court order from the family court outlining how you and your former spouse are to proceed following the legal termination of your marriage.
Should situations change and you are unable to follow that order, it’s important to discuss it with a lawyer experienced in handling divorce modifications.
Failing to work with a family law attorney and attempting to take matters into your own hands could have serious repercussions.
Divorce Decrees Are Binding
Because divorce decrees involve many well-thought decisions on things such as marital property, finances, child custody, child and/or spousal support, and more, these final enforceable orders are binding, meaning they must be strictly followed by both spouses or punishments could result.
Changing Circumstances and Divorce Decrees
Life goes on after a divorce and attorneys who help clients with divorce decree modifications understand this sometimes leads to former spouses running into problems with their established divorce decrees.
Whether due to schedule changes, conflict, or some other inability or unwillingness to follow the decree, things may not always work the way they did at first and changes may be required.
If the issues are significant and there is no other way for spouses to compromise and work together, legally changing the decree with the help of an attorney is the best recommendation.
Legal Divorce Decree Modification Required
When changing circumstances make it difficult to follow a legal divorce decree, it might seem like a simple thing to make little changes to the order on your own; however, this is something that divorce lawyers highly discourage.
Only the Texas family court where the divorce was finalized has the legal ability to make changes to the decree.
Any need to make changes to this legally-binding court order must be presented to the family court so a new modified decree can be ordered.
Attempting to change the divorce decree without first consulting an experienced family law attorney can result in repercussions for one or both spouses.
Even cordial and well-intended informal agreements between spouses like giving a little leeway on child support payments during a financially difficult period must be approved by the court for them to be considered valid and enforceable to prevent the problems that can and frequently do arise.
Consult A Family Law Attorney to Help
If you are experiencing difficulties with your current Texas divorce decree or your spouse is refusing to follow it, it’s important to approach any divorce decree modification by finding a family law attorney who can help you.
Don’t try to negotiate or even think about a DIY approach, as harmless as doing so might seem.
You and your attorney can review the circumstances and what changes can be made to the decree so it can be followed, then your lawyer will submit the request to the family court.
With your request prepared and correctly presented, there is a better chance that the court will acknowledge your request and modify the divorce decree and most importantly, be legally enforceable.
Foreman Family Law
309 North Washington Avenue, Suite 12
Bryan TX 77803