Modification Of Court Orders

Filing for divorce is only the first step in a long, emotional journey. When the divorce proceedings are done and the court has issued a decree of divorce that officially ends your marriage, it might seem like everything is over. Oftentimes, this is the case, and nothing else happens. However, there are circumstances that can resurrect the divorce proceedings and bring them back to court.

A divorce can be the most emotional, traumatic, and stressful time that you ever experience. Unfortunately, coming to the realization that it’s just not going to work out with your spouse anymore is often only the beginning of a long, complex process. The prospects of facing a drawn-out legal battle with the person you thought you could spend your life with can seem overwhelming. Fortunately, we are dedicated legal professionals with the ability to guide you through the rocky legal terrain.

Essentially, the decree of divorce in Texas is an agreement between you and your ex-spouse to end your relationship. It’s backed up by the court and contains promises and other agreements related to your divorce, such as how to divide your marital property, who will provide spousal support, and who has custody of your children.


However, if you fall on hard times, or encounter certain life situations such as a job transfer, or something else happens that makes it difficult or impossible to keep to the original agreements in the Decree of Divorce, you can file a suit to modify certain parts of the Decree. Nearly all of the terms in a Decree of Divorce can be altered or modified by the court at a later date.

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Material and Substantial Change Requirement

In order for a modification suit to even get off the ground, you would have to prove that someone’s circumstances – either yours, or your ex-spouse’s, or your child’s – have gone through an important and relevant change. While courts rule what is a “material and substantial change in circumstances” on a case-by-case basis, meaning there are no cut-and-dried rules for what is and what is not “material and substantial,” certain changes are typically seen as important enough to warrant a modification to the Decree of Divorce. These include:

You or your ex-spouse moving across the country, and requesting a modification to their visitation rights,

A significant increase or decrease in your or your ex-spouse’s income that makes it easier or more difficult to make support payments,

Changes in the expenses associated with raising and supporting your children, such as increased health insurance payments after an injury or sickness, or college tuition savings,

You or your ex-spouse have remarried

Modify court orders

Process and Effect of Modification

The modification process begins by filing a petition with the court, and delivering it to all of the other parties affected by the proposed modification. In some circumstances, the court will issue a temporary order, and make a change to the Decree that has immediate effect. However, most judges only do this if it’s clear that it’s in the best interest of any children affected by the proposed modification.

If the proposed modification to the Decree cannot be settled or resolved, then a final hearing is scheduled. This hearing is a little like a trial, but without some of the formality. There can, however, be a jury if you request one and the hearing is to determine custody issues. Typically, though, the judge will make the decisions.



If you can successfully show that there have been material and significant changes to the circumstances, and that the modifications to the Decree would resolve these changes in the best interest of the parties, then the judge will rule in your favor and modify the Decree. This will result in the issuance of an Order Modifying Prior Orders, which overrules some of the terms in your Decree of Divorce, but leaves the rest intact.

Agreed changes to court order

Informal Modification

Oftentimes, the parties to a divorce make informal, unofficial changes to their Decree of Divorce, solving small problems on their own without going through the court to make an official change. While this agreement is the first step to making an official modification, the lack of the court’s stamp of approval means that it will not be enforced by the court.

This is important because any agreement that’s unofficially made is thrown out the window, if a court has to come into the picture later on to enforce or modify the Divorce Decree. Therefore, if you lose your job after the divorce, and your ex-spouse agrees to accept only half of the support payment specified in the Decree until you find another job, but then a disagreement arises and the case gets brought back into court, the court could require you to pay the entire amount, according to the Decree. The court could even hold you in contempt for failing to follow through on your obligations under the Decree.


Because of this risk, it’s always a good idea to make important modifications to your Decree of Divorce official before the court. This prevents a change-of-heart from hurting you in the future, and allows any agreements that you’ve made after the Decree to get enforced by the court.

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Dreyer & Mazaheri looks forward to hearing from you!

Having experienced divorce attorney on your side from the beginning can be crucial to achieving your goals, as you go through the divorce proceedings. Call us at (210) 472-1400 and we’ll help you on your way to a new beginning.

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