In Texas, once a divorce has been finalized, and all issues have been settled, the court will issue a divorce decree, which is a legally binding document that addresses all the issues settled in the divorce case. These issues may involve child support orders, custody orders, spousal support orders, and more. In most cases, the divorce decree will reflect you and your ex-spouse's circumstances when your divorce is finalized. That being said, people's lives are subject to change as time progresses. What happens once a divorce decree or a family law order no longer best reflects the circumstances of your life, your ex-spouse's life, or your children's life?

Difficult situations can arise if your divorce decree or family law orders no longer reflect your current circumstances. On the one hand, you do not want to defy an order and face penalties. But, on the other hand, following your present decree or family law order does not make sense since it does not reflect current circumstances. Luckily, you can modify your decree or family law orders. If you are interested in the modification process, contact an experienced attorney who can guide you through the process so that your divorce decree and family law orders can best represent and support your current situation. 

Divorce Decrees and Family Law Modifications in Texas

In Texas, many kinds of family court orders can be modified years after they have been established. There are situations where someone may be able to agree with their ex-spouse on the need to make modifications, or you may need to petition the court to get approved for modifications. Whatever the case, you must demonstrate to the court that profound changes have occurred in your life, your ex-spouse's life, or your child's life, requiring modifications. Generally, modifications can be made for orders addressing the following:

If you are considering divorce, you may have concerns about your financial future. You may be wondering if you will be able to make ends meet and still maintain your current lifestyle. At Law Office of Brian Bagley, we can set your mind at ease and help you determine if you qualify for spousal maintenance.  

Spousal Maintenance

In Texas, spousal support and spousal maintenance are different. Spousal support is a voluntary agreement between both parties to financially support the other spouse on agreed-upon terms during the divorce. Spousal maintenance, on the other hand, is ordered by the court. Under state law, the court cannot order a spouse—the “obligor”—to pay more than 20 percent of their gross monthly salary up to a maximum of $5,000.

Spousal Maintenance Eligibility

In Texas, divorced spouses do not automatically get spousal maintenance, it is awarded in very limited circumstances. Typically, spousal maintenance may be granted if the divorce would leave a spouse without sufficient funds to meet basic needs and at least one of the following is true:

When a spouse is suffering from addiction, it can be hard on the marriage. It may only be a matter of time before the other spouse feels that going their separate ways is the only option. Nearly 15 million people struggle with alcohol addiction, and the numbers for drug use are similarly alarming. Studies show that one of the main reasons couples get a divorce is addiction. If your spouse is addicted to alcohol or drugs, this fact will likely influence your divorce case.

Default Judgment When Addiction Affects Participation in the Process

Addiction to alcohol and drugs will control a person’s life. Satiating the need to drink or take drugs becomes more important than the family itself. It is also common for the spouse who suffers from an addiction to be unable to participate in the divorce and they may become a detriment in several aspects of the divorce. In Texas, however, you can still get a divorce even if your spouse is not an active participant in the proceedings. When you file for divorce, your spouse will be asked to respond to the divorce petition. If they refuse to sign divorce papers or file a response and appear in court within one month, the court may grant a default judgment. That judgment would generally be in favor of the person who filed for divorce.

Insupportability Divorce

Texas is a state that allows no-fault divorce, which means you do not need to definitively prove your spouse’s addiction as the grounds for your divorce. While it is possible to obtain a divorce on the fault-based grounds of substance abuse or addiction, it is generally much easier and less stressful to cite insupportability. Insupportability simply means there is discord or conflict of personalities that destroys the relationship.

News of a divorce is likely to upset your child. But yelling and screaming at your spouse will not put your child at ease. Choosing mediation over arguments is one big step toward putting your child first. If you are getting a divorce, mediation can greatly benefit the kids. Research shows that children tend to do better after a divorce when they have parents who communicate and compromise without tensions rising.

Eliminating Additional Turmoil

Mediation involves a third party to help parents come up with answers relating to custody issues. A mediator – who might also be an attorney – will take into account the big picture as it relates to divorce and attempt to guide the conversation in a productive direction. A bitter custody battle can be traumatizing for a child, but if the child sees their parents communicating it can help reduce their emotional turmoil. So even if you do not see eye to eye with your soon-to-be-ex, an experienced mediator may help you stay on track and ensure that discussions are less stressful.

Mediation Can Lead to Better Co-Parenting Compared to Litigation

When children are involved, the parents will be a part of each other’s lives forever. Meditation teaches parents effective communication, flexibility, and negotiating skills. It is ideal for both parents to play an active role in the life of their child, and it teaches parents how to better compromise for the sake of the child.

Money fights are the second leading cause of divorce, behind only infidelity. With the highest inflation rates in 40 years, it may be hard to preserve family ties. You can count on those financial arguments spilling over to the actual divorce proceeding and potentially bringing out the worst in people. Perhaps your spouse refuses to cooperate, or they are simply in denial. You likely know your spouse better than anyone. If you believe they are not likely to budge and refuse to work with you through the divorce, do not try to negotiate or reason with them. 

Years of frustration and anger often bubble up to the surface when spouses are negotiating the actual terms of their divorce including child custody, property division, and spousal support. An experienced high-conflict divorce attorney is best suited to help you with your divorce.

Uncooperative Spouse

Do not give up. In Texas, you do not have to stay in a bad marriage. Texas does not require both spouses to consent to divorce for the divorce to be finalized. If the person you want to become your ex refuses to cooperate with, it may work out in your favor in the long run. When one spouse does not respond to a divorce petition or fails to appear in court, a judge is more likely to give you the things you are asking for in your divorce decree.