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Divorce settlements and when they can be modified

On Behalf of | Jun 3, 2021 | Divorce |

At the conclusion of a Texas divorce, there will be a general sense of relief when it is believed to be over. The issues of child support, alimony, child custody and property division can be worrisome. With a case settled, the parties can move forward. Still, a frequent problem is if something was missed and the agreement needs modification.

Can a divorce settlement be modified?

A divorce settlement is categorized as “final” meaning that requesting changes can be complicated. For some, the agreement overlooked a critical aspect and they want to reopen the case to fix it. That could be something minor or major. While a best-case scenario is that it be done without rancor, some cases are more difficult with the parties in dispute as to whether the issue was forgotten or was part of the agreement.

If it was an asset that was overlooked, a party can request the case be reopened so it can be fairly divided. It is important to note that there are generally time limits and there must be a legitimate reason for it to be reopened. Examples of why a case may be reopened are if there is evidence not previously shown, illegal behavior or a provable mistake. Generally, the request must be made within one year of the settlement. Of course, the situation will dictate how a reassessment of the family law settlement is handled.

Professional assistance can be helpful with modifying a divorce agreement

Obviously, it is preferable to settle all lingering parts of a divorce the first time. Unfortunately, that does not always happen. From the start of the case, it is useful to have experienced legal assistance to be fully protected. To modify a case, it is also wise to have advice to understand how to move forward.