The finalization of any divorce sought by couples and their divorce attorneys is documented with a decree issued by the family court.
That document confirms the stipulations of the marriage termination, child custody and support, and other related concerns that divorce lawyers have negotiated to finalize.
Although you are legally bound to adhere to the stipulations in the decree, there are times when situations change and those arrangements may become problematic.
Should you ever run into circumstances that prevent you from adhering to the decree, you should contact your divorce attorney about having the decree legally modified.
Unexpected Life Changes After A Divorce
Divorce attorneys understand that people experience unexpected changes in their lives all the time.
Things such as the loss of a job or home, financial troubles, medical emergencies or other similar events can significantly affect a person’s ability to abide by the requirements documented in a divorce decree.
Whether the divorced party is responsible for child or spousal support, primary custody of a child, or other related obligations, these events can make keeping up difficult or impossible.
When this happens, divorce lawyers may suggest that a spouse seek a legal means of adjusting those requirements by petitioning for a modification to the divorce decree.
Consequences For Failure to Comply with A Divorce Decree
While changing the requirements outlined in a divorce decree on your own may seem easy and harmless, doing so without the express permission of the family court is against the law.
Even in circumstances where you may question the care your child is receiving, modifying custody or support orders on your own without the assistance of divorce attorneys and the court is prohibited.
Withholding or falling behind on support payments, withholding visitation, or making any other changes on your own puts you at risk of serious legal penalties or even arrest.
Legally Modifying Decrees When Circumstances Warrant
As divorce lawyers can attest, the family court will work with you in circumstances where unexpected events interfere with decree orders when you approach the issue the right way.
By working with your divorce attorney who can guide you through the process, you can file a request to have your divorce decree modified based on a current hardship, evidence that a custodial spouse is not providing adequate care for your child, or is otherwise breaching the agreement.
Although not every circumstance is considered a valid reason for modifying the decree, chances are good that financial issues, custody and visitation issues, and other significant concerns could warrant changes that will make it easier for you to comply or correct other problems.
Facing Post-Divorce Problems?
If you are facing some type of hardship that makes complying with your divorce decree difficult or if you are questioning the appropriateness of custody orders and the care your child is receiving, divorce attorneys warn to avoid taking matters into your own hands.
Doing so could result in legal problems for you rather than a solution.
Instead, discuss your concerns with divorce lawyers who can help you find the best solution, including filing for a modification to the divorce decree.
When correctly filed and requested by divorce attorneys, you may be able to get your decree modified to suit current needs!
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520
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2395 La Palma Street, Suite A
San Benito TX 78586