How Often Do You Get Requests For Post-Divorce Decree Actions?

It’s not uncommon for me to receive requests for post-divorce decree actions. Post-divorce decree modifications concerning child custody and visitation are common because family dynamics can change for a multitude of reasons, such as remarriage or relocation. Unfortunately for the child, one spouse or the other might fail to stay in contact, prompting the other spouse to seek termination of their rights. Changes in income can also lead a party to ask for modifications in support amounts. There may be a dispute about which school the child will attend, or requests to change visitation times.

Can A Divorce Decree Be Modified If An Asset Was Omitted For Any Reason?

Whenever I’m involved in a divorce dispute and we believe that it’s necessary, we will request that the other spouse through their attorney provide to us a full inventory and appraising of their assets. The resulting statement must be signed under oath and will serve as a basis for negotiations and finalizing the decree. If at a subsequent time it is determined or revealed that the spouse was not truthful and had in fact hid assets, then there is a mechanism by which we could file a fraud action requesting that the party be held responsible by a judge. In some cases, a revised division of the assets or liabilities can be accomplished.

Does The Same Judge Who Handled The Divorce Have To Handle The Modification As Well?

Once a court acquires jurisdiction over a family law case and over a child, that court has jurisdiction over any future requests for modification. This, however, does not mean that it will be the same judge handling both a divorce and modification, since a judge may lose re-election or choose not to run for office again. Parties can consent to the removal or transfer of jurisdiction to a different venue. For example, if the parties at the time of the divorce originally had their case heard in El Paso County and then they moved to Dallas County, they could agree to have the case heard in Dallas County.

Do I Have to Hire The Same Attorney Who Handled My Divorce To Handle My Modification As Well?

You are not required to use the same attorney for your divorce and modification; this decision is a matter of your preference. The attorney who handled your divorce case will have some recollection or knowledge of the original issues, but having a different set of eyes review your case could provide you with some insight on an issue that the first attorney didn’t see or didn’t pursue.

Where Must The Modification Of A Divorce Decree Be Filed?

The modification of a divorce decree must be filed in the original court that handled the divorce. The parties must in fact state that where they file the decree is the same court where the divorce was filed, and if it is not the same court, the parties must explain why.

For more information on Post-Divorce Decree Action In Texas, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (915) 301-7819 today.