Have the needs of one of your children grown dramatically since the order was rendered, thus justifying a modification?
Texas Court May Correct Clerical Error in Final Decree
On the other hand- has your ex-spouse allowed your child to live with you primarily? If so you have the right to request a modification eliminating your requirement to pay support as a result. You and your ex-spouse are either the managing conservator of your child or the possessory conservator in most cases. The managing conservator determines the primary residence of your child and has the right to receive child support.
The possessory conservator has a visitation schedule set up for him or her and also has the right to pay child support. You or your spouse may modify a Divorce Decree as it relates to possession or access if the circumstances of your child or either party have materially and substantially changed since the date your order was signed. If your child is at least twelve years old a motion can be filed to have the child confer with the judge in their chambers as to whom he or she wants to have the right to determine their primary residence.
If this occurs the parent who gains primary caregiver status may file a motion to modify the divorce decree in order to name him or herself as the primary conservator of the child. Our licensed family law attorneys are available six days a week to answer your questions in a free of charge consultation. Get this FREE download about what you need to know before filing for divorce. If you have questions regarding child support , it's important to speak with one of our Houston , TX child support la wyers right away to protect your rights.
Our child support lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Putting Our Clients First Every Time We believe in helping our clients transition through family law cases, as smoothly as possible. May 14, So much effort, time and thought goes into the creation of a Final Decree of Divorce. As time passes, your Divorce Decree may need to be updated Times change.
Brette's Answer : The divorce would be filed in his county of residence in the state he lives in. If he could not reach you, the court would have authorized notice by publication in a newspaper. Contact the court clerk's office in that county to obtain a copy of the divorce. While serving out his sentence, he apparently divorced me - uncontested. I have never seen any papers from him at all.
I've searched through Elkko, NV records but no luck. He is now remarried. How do I prove to the DMV we are no longer married?
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Brette's Answer : You need the divorce judgment as proof of divorce which should be available through the court clerk's office of the court where he filed. You might have to ask him where he filed or for a copy. Joy's Question : We've been married 18 years. Recently his ex-wife called to see if we had copies of the divorce papers. We do not have a copy either but my husband remembers having them. The attorney is now deceased. What are our recourses to be certain he is divorced?
Brette's Answer : Contact the state vital records department or the court clerk of the court where the case was held. You may also be able to access it online through their web site. Good luck.
Marital Settlement Agreement
Darla's Question : My divorce was finalized last summer, and I just called my lawyer to request a copy of the divorce papers and my file. I was told that they destroyed the file 8 months after the divorce was finalized. How long are they required to keep divorce files? Brette's Answer: Most attorneys store files for at least seven years. You should contact the Bar grievance committee for your state. Question : My boyfriend was married before. He went to family court and when he got back home he said the divorce went through but he didn't sign any papers and didn't go with a lawyer.
He didn't even bring home any papers proving he got divorced. How do I know he's telling telling the truth? Brette's Answer : In the U. You don't necessarily have to sign anything if you appear in court. The divorce is not final until the court issues the divorce decree. Kelly's Question : At what stage in the divorce is it made public for people to look up the divorce information on people who have filed or had papers served?
Rose's Question : My divorce was granted in Nevada and real property was awarded to me, due to my ex not showing up for court. The property is in Washington State. I'm told that because the properties are in Washington that I have to register my divorce decree in Washington?
Uncontested Divorce in Texas
Why is that? Brette's Answer : Because that is the only way Washington will know of the decree affecting property in its state. Sarah's Question : Can you have a finalized divorce dissolved, making it as if it never happened? Or will you have to remarry? Brette's Answer : If it final and signed, the marriage has legally ended.
You can remarry however. Read thoroughly the final agreement before allowing your divorce attorney to send it to the judge to sign.
Texas Divorce Decree Template | Cook & Cook Law Firm, PLLC
What specifically should you be looking for? Any wording related to how pension funds are divided. Any wording that has anything to do with a Qualified Domestic Relationships Order. Both of these aspects of your divorce will require specific wording since how it is processed with depends on how a third party interprets the language in the divorce decree.
Another thing to be cautious of is the wording related to child visitation or custody decisions. You run into a problem when you are dealing with a parent that is anything but "reasonable. It is imperative that your final decree is worded in a way that protects your legal interest and will hold up if, for whatever reason, you need to modify or appeal the document at a later date.