Life changes happen. A job loss, a relocation, a shift in your child’s needs, or a significant change in income can all affect the terms of your divorce decree. When circumstances change substantially, you may have the right to modify your divorce decree. Smith & Bledsoe Family Law helps Austin families with the modification process by providing legal guidance tailored to their situations. Our modification-of-divorce-decree lawyer team in Austin understands Texas family law and works to protect your interests. Call (512) 277-3166 to discuss your situation with an attorney who listens.
Why Choose Smith & Bledsoe Family Law for Divorce Decree Modifications
Smith & Bledsoe Family Law has a family law practice that includes post-divorce modification matters. Managing Partner Christian Smith holds recognition as a Texas Super Lawyers Rising Star for 2023 and 2024, and he has been named an Austin Monthly Top Attorney in 2023 and recognized in the National Association of Family Law Attorneys Top 10 Under 40 in 2019, reflecting peer and professional recognition in the family law field. The firm maintains a 5.0 Avvo rating based on 197 client reviews.
The team includes multiple attorneys with family law and litigation experience, including lawyers who try cases in Travis County and surrounding courts. The firm handles high-conflict divorces, complex custody disputes, and other challenging family law cases. Attorneys at Smith & Bledsoe Family Law are familiar with local judges and court procedures and can provide representation in mediation, negotiation, or litigation as appropriate. When you work with Smith & Bledsoe Family Law, you receive legal support from attorneys focused on family law matters.
What Can Be Modified in a Divorce Decree
Texas law allows you to modify certain aspects of your divorce decree when circumstances warrant. Understanding what you can and cannot change helps you focus your modification efforts effectively. Many families find that modifying custody orders or child support arrangements becomes necessary as circumstances evolve.
You can seek to modify:
- Child custody and conservatorship arrangements, when a change would be in the child’s best interests based on new circumstances.
- Child support, when there has been a material and substantial change in circumstances or when certain time and amount thresholds are met.
- Spousal maintenance, in some cases, when there is a material and substantial change in the financial circumstances of either party and the order is one the court has continuing jurisdiction to modify.
- Visitation schedules and parenting time, to reflect changes in work schedules, school schedules, or other family needs.
Property division from your original divorce decree generally cannot be modified. Texas courts typically treat the division of assets and debts as final once the decree becomes final, subject only to limited statutory remedies such as clarification or correction in specific situations. Most post-decree proceedings focus on modifications involving conservatorship, support, and visitation—the parts of your decree most likely to change as life unfolds.
When You Can Modify a Divorce Decree in Texas
Texas family law requires a substantial change in circumstances, or satisfaction of certain statutory criteria, before the court will consider modifying your decree. Under Texas Family Code § 156.401, modification standards are clearly defined. Understanding these legal standards helps you determine whether your situation qualifies for modification of your divorce decree.
For child custody (conservatorship) modifications, Texas law generally requires either a material and substantial change in circumstances or other statutorily defined grounds. Courts evaluate whether a modification would be in the child’s best interests, considering changes such as relocation, a child’s evolving needs, changes in a parent’s circumstances, or concerns affecting the child’s well-being.
Child support modifications can be requested if:
- It has been at least three years since the last order and the monthly amount would differ by at least 20 percent or $100 under current guidelines, or
- There has been a material and substantial change in circumstances, such as job loss, significant income increase or decrease, changes in custody, or changes in the child’s needs.
Spousal maintenance modifications require proof of a material and substantial change in circumstances for either party since the original order. Courts may consider changes in employment, retirement, disability, or the recipient’s ability to support themselves. The court will evaluate whether the change is significant and whether modification is appropriate under the statute.
The Modification Process in Austin
Modifying a divorce decree involves several steps in the Travis County courts. Understanding the modification process helps you prepare for what to expect. The timeline for how long a modification takes depends on whether your case is contested or agreed.
The process generally begins with filing a petition to modify in the court that issued your original order (or another court with proper jurisdiction). Your petition must state what parts of the order you want to change and explain the material and substantial change in circumstances or other legal basis for the modification. Supporting documentation may include income records, employment information, medical records, school records, or other evidence.
If both parties agree to the requested changes, you can pursue an agreed modification. In that situation, the parties submit proposed orders to the court, and if the judge finds them appropriate and consistent with the child’s best interests (if applicable), the court can approve them without a contested hearing.
If the other party contests the modification, the case proceeds through the regular litigation process. This may include:
- Service of the petition on the other party.
- Discovery, where the parties exchange documents and information and may take depositions.
- Mediation, which is frequently required in Travis County for contested family law matters, to attempt settlement.
- A judge holds a hearing or trial if both sides cannot reach a settlement, and both sides present evidence and arguments.
The court then decides whether the request meets the legal standard for modification. The court also decides what changes, if any, to make to the prior order.
How Smith & Bledsoe Family Law Handles Modification Cases
Smith & Bledsoe Family Law approaches modification cases by first reviewing the existing decree and the facts of your current situation. In an initial consultation, an attorney discusses your goals, the changes that have occurred, and whether those changes may satisfy Texas law’s standards for modification. Our Austin family law attorneys bring years of experience handling contested family law matters.
If you move forward, the firm helps you gather and organize evidence that supports your modification request or your response to a requested change. Depending on your case, this may include financial records, communications, school or medical records, and other documentation. The attorneys draft and file the necessary pleadings and guide you through each stage of the process, from temporary orders hearings to mediation and, if needed, trial.
For agreed modifications, the firm focuses on documenting the agreement accurately and submitting it to the court for approval. For contested matters, the litigators prepare to present evidence and testimony in court and to advocate for your position consistent with the applicable legal standards. Throughout the case, the firm emphasizes communication so you understand upcoming deadlines, hearings, and strategic decisions.
Frequently Asked Questions About Divorce Decree Modifications
How long does a modification take?
Agreed modifications generally move more quickly and can sometimes be completed within a few months, depending on court availability and how fast the parties finalize paperwork. Contested modifications often take longer—frequently several months or more—because they involve discovery, mediation, and hearings, as well as scheduling constraints on the court’s docket.
Do I need to prove a substantial change in circumstances?
In most modification cases, yes. Texas law typically requires proof of a material and substantial change in circumstances (or satisfaction of specific statutory criteria) before a court will modify child support, conservatorship, or spousal maintenance orders. The exact standard depends on the type of order you are seeking to modify. An attorney can help evaluate whether your situation meets the applicable standard.
Can I modify a divorce decree if my ex-spouse doesn’t agree?
Yes. You can file a petition to modify even if your ex-spouse opposes the requested change. The court will hear evidence from both sides and decide whether the legal requirements for modification have been met and what terms are appropriate. Having legal representation can be particularly important in contested cases. Our contested divorce attorneys have extensive experience litigating disputed modification cases.
What evidence do I need for a modification?
The evidence you need depends on what you are asking the court to change. For income-based child support or maintenance modifications, you may need recent tax returns, pay stubs, and employment records. For conservatorship or visitation changes, you may need documents and testimony showing how circumstances and the child’s needs have changed. Your attorney can advise you on what evidence will be most helpful in your particular case.
Can I modify the property division from my divorce?
Generally, Texas law treats property division as final once the divorce decree is final. Courts may clarify or correct certain property orders in limited situations. However, courts usually will not re-divide property long after divorce. You should consult with an attorney to see whether your situation fits within any narrow exceptions. If you have questions about asset division or property issues, our attorneys can review your specific circumstances.
How much does a modification cost?
Costs vary depending on whether your case is agreed or contested and how complex the issues are. Agreed modifications typically cost less because they resolve more quickly and involve fewer court appearances. Contested cases involve more attorney time, discovery, and hearings, which increases cost. During a consultation, Smith & Bledsoe Family Law can explain its fee structure and discuss anticipated costs based on your circumstances.
What if my ex-spouse violates the modified order?
If your ex-spouse does not comply with a modified order, you may file an enforcement action. In an enforcement proceeding, the court can order compliance and, in some cases, impose remedies or sanctions. An attorney can help you determine the best way to respond to violations and protect your rights. Enforcement of family law orders is a critical tool for ensuring compliance with court-ordered modifications.
Contact Smith & Bledsoe Family Law for Modification Help
Your circumstances may have changed since your divorce. You may need to update your decree so it reflects your current reality. Smith & Bledsoe Family Law helps Austin families pursue modifications when appropriate under Texas law. The firm’s attorneys are familiar with Travis County procedures and work with clients to seek orders that align with their present needs and obligations.
Your circumstances may have changed since your divorce. You may need to update your decree to reflect your current reality. Call (512) 277-3166 or complete our online form today to schedule your consultation. Smith & Bledsoe Family Law serves clients in Austin, Cedar Park, and throughout Central Texas and can discuss your options for seeking a modification or responding to a requested change. See our case results to learn how we’ve helped families navigate modification proceedings.