Almost everyone agrees that going through a divorce is stressful. For some, the process is more stressful than for others. Some spouses respond to the divorce by making the process difficult. They are uncooperative and make it almost impossible to work together to come up with their own settlement agreement. Some of the main issues that create roadblocks to settlement are fighting over the custody of minor children, wanting to be the “winner,” and having unreasonable expectations. Fighting Over Custody of Minor Children Generally, both parents are fit to have primary conservatorship … [Read more...]
Can I Modify My Divorce Settlement?
Texas law makes it clear that a final judgment concerning the division of community property cannot be modified. Other orders, such as those for child support, child visitation, and spousal support can be modified if there has been a change in circumstances since the original order, but the order dividing community property cannot be modified. Even if it is discovered that one asset was not divided, that is not considered cause to modify the final judgment. There is one narrow exception. If the judgment was based on “fraud on the community,” the court may revisit the property division and … [Read more...]
