Articles Posted in Post-Divorce Modifications

Plano divorce modifications lawyerIf you have been through the divorce process, you know it is not usually pleasant nor easy. If the parties remain civil, and the divorce is as amicable as possible, that certainly helps; however, most people are glad to get to the end of the process. What happens though, I you want to modify a term of your divorce after the fact? Can you do that and, if so, under what circumstances? A Plano divorce modifications lawyer from The Law Office of Jon R. Boyd explains how often you can modify the terms of your divorce in Texas.

Why Might You Want to Modify Your Divorce?

If you are like the average person, the idea of opening up your divorce after it is finished and over with doesn’t sound very appealing. Nonetheless, there are reasons you may feel the need to do just that. Sometimes, a party is in such a hurry to get the divorce over with that the terms they agree to don’t sink in until after the divorce has been finalized, prompting a desire to modify those terms shortly after the divorce process reaches a conclusion. In other situations, years may go by before one of the parties decides a modification is needed.

Family Law Requires Dr. Freud

Bruni v. Bruni, 2010

Family court matters are often nuanced and also quite frustrating for all parties involved, and the judge in this case made his frustration clear in dealing with a married couple that had separated. After the separation, Catherine Bruni apparently kept her husband from seeing their daughter, which ultimately worked against her in this particular ruling.

Texas Family Law statutes/laws are codified into the Texas Family Code. The Code sets forth the laws passed by the Texas legislature. However, the “law” also consists of Appeals Court rulings and “opinions” which are published for the judges and lawyers to read. These opinions often clarify, explain or sometimes effectively change the statutes set out in the Family Code. For example, the Family Code has a chapter about Modifying Prior Orders so that one may modify any aspect of custody or support.

The grounds for being able to modify an existing order are twofold: you have to prove there has been a “material and substantial change of circumstances” and that the requested change is in the “best interest of the children.” As you can see, those phrases can be subject to interpretation. Appeals courts have issued many opinions explaining what different kinds of situations meet those criteria. From time to time, I will blog about certain cases you may find of interest or assistance in your circumstance. If you ever have a question, give me a call at 972-381-2727 Thanks!

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