PRACTICE AREA

Modification

Going through a divorce is often a life-altering experience, and as circumstances change, many individuals find themselves needing to modify their divorce decree. Whether due to changes in employment, shifts in family dynamics, or evolving needs of children, the journey of navigating these modifications can feel overwhelming and emotional. At Duffee+Eitzen, we understand that this process is not just about legal adjustments; it’s about your family’s well-being and future. Our dedicated modification attorneys are here to support you, providing compassionate guidance and expertise as you work to ensure that your court orders reflect your current reality. You don’t have to face this challenging transition alone—we are committed to helping you feel heard, understood, and confident throughout this process.

Choosing the Right Modification Attorneys

If you’re facing changes in your post-divorce circumstances and need guidance on modifying your divorce decree, don’t hesitate to contact our experienced modification lawyers. At Duffee+Eitzen, we are committed to providing you with the support and strategic legal counsel you need to navigate these complex situations with confidence. Your family’s future is our priority, and we’re here to help you every step of the way.

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Rights + Duties Modification

The rights and duties established in a divorce decree are not set in stone. As life progresses, the responsibilities of each party may change, necessitating a modification of the court order. Our modification lawyers help clients navigate the legal landscape to effectively modify their rights and duties. This can include changes related to responsibilities regarding children, such as decision making power regarding school choice and invasive medical.

We work diligently to ensure that any modifications align with the best interests of our clients and their families. Our strategic approach means we take the time to understand your unique situation, allowing us to advocate for the best possible outcomes while minimizing disruption.

Parenting Schedule Modification

In Texas, the distinction between separate and community property plays a crucial role in divorce proceedings. Community property includes assets acquired during the marriage and is subject to division upon divorce. However, assets owned before the marriage, as well as gifts or inheritances received during the marriage, are considered separate property and are not subject to division. Determining which assets fall into each category can be complex, particularly when dealing with investments, businesses, and other high-value assets. Our property division attorneys have the expertise to identify and classify your assets accurately, ensuring that your separate property is protected and that community property is divided fairly.

Child Support Modification

Child support obligations can also require modification post-divorce. Changes in income, employment status, or the financial needs of the child may warrant adjustments to support amounts. Our modification lawyers understand the intricacies of child support laws and are dedicated to providing clear, strategic guidance throughout the process.

If you believe you have grounds to modify your child support obligations, we encourage you to consult with our experienced attorneys. We can help you navigate the legal requirements for modifying a court order and ensure that your rights are protected during this process.

Frequently Asked Questions

How long does it take to modify a divorce decree?

The timeline for modifying a divorce decree can vary based on several factors, including the complexity of the case and the court’s schedule. Generally, the process can take anywhere from a few months to a year or more. Factors influencing the timeline include:

  • Court Availability: The court’s calendar can affect how quickly your case is heard.
  • Completeness of Documentation: Properly prepared and thorough documentation can expedite the process.
  • Disagreements Between Parties: If the parties contest the modifications, the case may take longer to resolve.

At Duffee+Eitzen, we prioritize efficiency without sacrificing thoroughness. Our experienced modification attorneys will work diligently to facilitate a timely resolution to your case.

What are some reasons for modifying a divorce decree?

Several circumstances may prompt the need for a post-judgment modification. Some common reasons include:

  1. Change in Income: A significant increase or decrease in one party’s income can sometimes justify a modification in support obligations.
  2. Relocation: If a parent needs to relocate, this can impact the existing parenting schedule, necessitating a modification.
  3. Change in Child’s Needs: As children grow, their needs evolve. Modifications may be necessary to address new educational or healthcare requirements.
  4. Changes in Employment: Job changes or loss may affect a party’s ability to meet financial obligations, warranting a review of support arrangements.

What are the steps for modifying a divorce decree?

Navigating the process of modifying a divorce decree can be complex, but our modification attorneys are here to assist you every step of the way. The general steps include:

  1. Consultation with an Attorney: Schedule a meeting with our post-divorce modification attorney to discuss your situation and determine if you have grounds for modification.
  2. Gather Documentation: Collect all relevant documents that support your case for modification, including financial records, employment letters, and any documentation related to changes in circumstances.
  3. File a Motion: Your attorney will help you prepare and file a motion for modification with the court, detailing the requested changes and the reasons behind them.
  4. Notification: All involved parties must be notified of the motion, allowing them the opportunity to respond.
  5. Negotiations: All parties will negotiate, possibly in mediation or in a collaborative process to reach resolution.
  6. Court Hearing: A court hearing may be necessary where both parties can present their cases. Our attorneys will advocate for your interests, ensuring you receive the best possible representation.
  7. Final Order: If the court agrees to the modifications, a new court order will be issued reflecting the changes.

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ATTORNEY SPOTLIGHT

Melinda Eitzen

Founding partner Melinda Eitzen is a trailblazer in family law and collaborative practice. A credentialed Collaborative Law Master, award-winning author, and dynamic leader, she’s shaped the legal community through advocacy, mentorship, and innovative solutions.

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