Can a Divorce Decree Be Modified After It Is Finalized?
A divorce decree often feels permanent once it is signed by the court. However, for many people, life does not stay the same after divorce. Jobs change, children grow, and circumstances evolve. Under Texas law, some parts of a divorce decree can be modified after it is finalized, while others generally cannot.
Knowing what can be changed, and what cannot, helps set realistic expectations and prevents unnecessary legal frustration.
What Parts of a Divorce Decree Can Be Modified?
Texas courts allow modification of certain provisions when there has been a material and substantial change in circumstances since the original order. These include:
Child Custody and Visitation
Custody arrangements, also known as conservatorship and possession schedules, can be modified if a change is in the child’s best interest. Common reasons include:
A parent’s relocation due to change in family circumstances or work
Changes in a parent’s ability to care for the child
Concerns about safety, neglect, or instability
The child’s needs changing over time
Courts focus on what arrangement best supports the child’s physical and emotional well-being by examining stability, safety, parental involvement, and the child’s day-to-day needs. Judges look closely at how each parent contributes to the child’s development, routine, and sense of security.
Child Support
Child support orders can be modified when circumstances change significantly, such as:
A substantial increase or decrease in a parent’s income
Changes in the child’s medical or educational needs
A change in who has primary custody
In some cases, a modification may also be available if it has been several years since the last order and the guideline amount would differ substantially.
What Parts of a Divorce Decree Usually Cannot Be Modified?
Not every part of a divorce decree is open to change. Texas courts treat certain provisions as final in order to provide certainty and prevent ongoing disputes between former spouses.
Property Division
Once a divorce decree dividing marital property is final, property division is generally not modifiable. This includes:
Real estate awards
Division of retirement accounts
Allocation of debts
Courts view property division as final to provide certainty and closure. Only very limited exceptions apply, such as fraud or clerical errors, and those situations are rare.
Spousal Support
Spousal maintenance may be modified in limited situations, but only if the original decree allows it or if state law permits modification under specific conditions. The facts of each case matter, and not all spousal support orders are eligible for change.
What Qualifies as a Material and Substantial Change?
Courts evaluate changes on a case-by-case basis. Examples include:
Job loss or significant income changes
Serious illness or disability
Relocation that affects parenting time
Repeated violations of the existing order
Minor inconveniences or dissatisfaction with the original outcome usually do not meet the legal standard for modification. This also includes changes that were identified as possibilities in the original divorce. Courts look for changes that materially alter the circumstances of the parties, not routine frustrations or temporary disruptions.
How to Request a Modification
To change a divorce decree, you must file a petition to modify with the court that issued the original order. This process includes:
Filing the appropriate legal pleadings
Serving the other party
Presenting evidence of changed circumstances
Attending a hearing, if required
Until the court approves a modification, the original order remains enforceable.
Why Legal Guidance Matters
Modification cases can be deceptively complex. Filing too early, failing to meet the legal standard, or relying on informal agreements can lead to denial or enforcement problems.
A family law attorney can help you:
Determine whether modification is legally available
Gather evidence to support your request
Ensure filings comply with court requirements
Protect your rights and avoid unintended consequences
Moving Forward After Divorce
A finalized divorce decree does not always reflect life years later. When circumstances change in meaningful ways, Texas law provides options to seek adjustments that better fit your current reality.
LDG, PLLC helps clients evaluate, pursue, and defend divorce decree modifications with clear guidance and focused advocacy. Contact us to discuss whether modification is appropriate in your situation.