A divorce order is finalized by a Decree of Divorce. This is a document that lists all decisions and resolutions in the divorce, including separation of property, spousal support orders as well as child custody and support orders. Both parties are legally required to follow the agreement set forth in the order. A divorce attorney who handles divorce actions for clients advises that failure to follow the divorce decree can could leave a party at risk of legal action against them. Should a circumstance arise where one party files a request for a modification of the final court order, it is essential to seek the counsel of an experienced divorce lawyer.
Modifying Divorce Orders – What Can Be Changed?
Not all parts of a final divorce order can be changed. Customarily, division of property and finances are not modifiable once a court order has been entered and will not be reconsidered in court, unless fraud was involved. What can be changed are support and custody orders as well as just about any other orders related to children. Such action is done with the help of an experienced divorce attorney who files a petition for modification.
Why Can’t Court Orders Be Changed?
A law firm experienced in divorce issues advises that there must be a valid reason for a divorce order to be modified. Valid reasons to modify a divorce order include changes to a parent’s financial situation, medical condition; relationship status, criminal history, or anything that is considered as a material and substantial change and likely to affect that parent’s ability to pay support, provide care, visitation and other concerns.
How Is A Divorce Order Modification Handled?
Modifications to most divorce orders are obtained with the help of a lawyer who handle divorce cases. If the parties involved agree with the modifications, a document is drawn up outlining the requested changes and the reasons why such changes are being requested. The parties may then file the petition for modification. If acceptable to the court, the agreement is entered into the record as a new order that overrides any one.
If one of the spouses involved in the modification request does not agree to the change, a law firm that handles family law cases will have to file a modification suit. An attorney for the party requesting the change will file a petition for modification for the court to consider if there is a valid reason to review the request. If the court finds reason to hear the petition, the process will continue, leaving a decision regarding the requested divorce order modification up to the court to reach a decision about the requested changes.
The court retains jurisdiction over any modification request pertaining to child custody, support, or visitation or any other similar order until a child reaches the age of 18. A parent seeking a change in any important arrangement regarding the care and responsibility of a child must take the proper steps to formally modify the divorce decree to protect all parties. Failure to do so means a parent is in violation of a court order, even if an informal agreement may have arranged between the parties.
When changes to an existing divorce or custody order are necessary, it is vital for a party to the divorce to seek court approval for the requested change to be legal. Seeking the assistance of an experienced divorce lawyer is the first and most important step to take. Modification of a divorce order can be properly handled with the assistance of a divorce law firm that will work to reach the best agreement for the situation, or assist with a modification lawsuit, if necessary.
Foreman Family Law
307 South Main Street, Suite 201
Bryan TX 77803
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