
Dallas Modification Lawyers
Modifications for Your Changing Life
- Modify custody and support to fit your new reality
- Advocate for your interests throughout the process
- Build a path forward that respects everyone involved—especially your children
Life happens, and the only constant in life is change. So why should your prior orders stay stagnant as your family’s needs evolve? The parenting plan set forth in your divorce Decree or Order should align with your current circumstances in order to represent the best interests and needs of all involved parties.
Dallas Family Law Attorneys with Decades of Experience Guiding Clients with Compassion
Modifications to Parenting Plans
A modification to the parenting plan in an Order is a suitable solution for changes in income, health, ability to provide child care, residency, and work schedules. The Court will require that there is a “material and substantial change” to your circumstances in order to modify the original Order. Since the frequency of requests to modify is limited, it is best to discuss your situation with a qualified family law attorney who can help you evaluate the right path to address your needs. Often, there are creative solutions that can be reached without initiating a new legal proceeding, such as bringing in a parenting facilitator or parenting coordinator to help address issues.
A modification can accommodate changes in parenting schedules or abilities, such as when one parent’s work schedule changes drastically, a parent is deployed in military service, a parent must relocate their residency, or one parent suffers a health emergency that leaves them unable to care for their children. A modification can address these needs and help the family transition into a new arrangement. This will need to be formalized with the Court in a new Order to avoid serious ramifications resulting from violating the original Order and to protect all parties involved.
Modifications to Child Support Obligations
Before making any changes to your child support payments as required in your original Order, it’s important to get a Court order establishing new obligations. For example, if your income suddenly decreases due to a job loss and you want to change how much you pay in child support, you must be prepared to provide proof of these changes and have a new Court Order stating the modified amount. Simply changing how much or how often you pay without doing this can put you in contempt of court and risk severe consequences, including jail time for unpaid child support.
Your current parenting plan and support obligations should reflect your changing family and growing needs. At Hargrave Family Law, our team of Dallas family law attorneys can take a close look at your new life circumstances and help you determine if any changes to your current Order are appropriate. Reach out to us today to schedule a consultation.
Don’t Face This Alone – We’re Here to Help
Hargrave Family Law – Post-Divorce Modification Dallas Divorce Lawyers
Reach out to us at Hargrave Family Law to help you explore your options for a modification to your current Order. Hargrave Family Law was founded by compassionate Dallas divorce lawyer Jennifer Hargrave with a strong mission in mind. Using non-adversarial techniques, our firm advocates for you and your family in a way that helps you protect what matters most.
These badges reflect recognition from several well‐known legal rating services and professional organizations, each with its own selection process. Best Lawyers® (by BL Rankings, LLC) bases its listings on exhaustive peer reviews, naming attorneys who colleagues believe exemplify excellence in their field. Expertise.com curates its “Best Divorce Lawyers in Dallas” list by evaluating reputation, credibility, experience, availability, and professionalism. Super Lawyers (a Thomson Reuters service) uses peer nominations and independent research to honor the top‐performing attorneys, and Martindale‐Hubbell confers its AV Preeminent® rating for the highest ethical standards and professional ability. Avvo’s 10.0 rating highlights strong client reviews and legal background, while Board Certification through the Texas Board of Legal Specialization recognizes significant experience and proven competence in a specific area of law. In combination, these acknowledgments underscore why we’re often referred to as a Top Dallas Divorce Attorney and a Best Dallas Divorce Lawyer.
Important: No certificate or award guarantees a specific outcome for your individual case.
Frequently Asked Questions
What should I bring to my case evaluation?
How long does the divorce process take?
What are my rights regarding child custody?
Will my spouse find out if I contact a divorce attorney?
The fact that you have reached out to contact a divorce attorney is privileged information and should remain protected. If you are concerned that your communications are being monitored, you need to bring that to your attorney’s attention right away, so we can help you protect your communication for that initial contact. I would recommend that you go ahead and use a phone that your spouse doesn’t have access to. If you have a phone at work or a friend’s phone, that can be helpful. Also, you may want to set up another email account that you can use for communication with your attorney. We want to make sure that all of your communication throughout the divorce process remains privileged and protected.
What grounds do I need to file for divorce (in Texas)?
In the state of Texas, couples no longer have to go through the painful process of proving grounds in order to get a divorce. In fact, Texas is a no-fault state, which means you simply have to show that the marriage has become insupportable, or in other words, the marriage is broken. Does that mean there aren’t reasons for the divorce? Of course not. There are always reasons for divorce. We no longer have to prove those reasons. At Hargrave Family Law, we know if you’ve been living in a broken marriage, it’s been a painful journey, and we want to help you bring us into that journey so you can start the next chapter of your life.
What is collaborative divorce?
A collaborative divorce allows couples who are beginning the divorce process to make the commitment to each other that they’re going to work together to resolve the issues that need to be settled. Instead of going to court and litigating the issues in front of the judge, they’re going to work with a team of dedicated professionals, including their lawyers, a mental health professional, and a financial professional who are all committed to helping them reach a final resolution. We find that our clients who engage in the collaborative divorce process enjoy the perfect privacy it provides for their families, and they enjoy the control. So there isn’t somebody else who’s making these decisions for them. And they also enjoy a stronger co-parenting relationship after the divorce is finalized.
Can I modify my custody agreement?
In the state of Texas, it is possible to modify the provisions of the original order. In order to do so, we need to show the court that there’s been a material and substantial change in circumstances. This applies whenever we’re changing child support.
- If somebody’s got a new job, and they’re making a significant amount of money, then it may be time to modify.
- If a parent has moved out of state, it may be time to modify the possession schedule,
- or if the parents are no longer able to reach agreements for any number of reasons regarding important aspects of the child’s care, then again, that may be time to modify.
In order to determine whether you’re eligible for a modification, you’ll need to meet with an attorney and see if your circumstances meet the threshold requirements in order to request the court for change, or the parties may simply agree to the changes in which case most of the time, the court will adopt those changes.
Should I empty our bank account before filing for divorce?
Emptying a bank account before filing for divorce will have serious consequences and will most certainly increase the tension and conflict in your divorce process. Before taking such a step, we strongly urge you to talk with your lawyer and make sure you’ve considered all your options. What we don’t want to do is take a step early on in the process that can make negotiating a desirable settlement, more difficult, if not impossible, later on.
You should also read this post on addressing your finances in a divorce.
I’m concerned my spouse will be abusive to our kids, what can I do?
If there has been any history of abuse in your home, whether that abuse has been directed against you or your children or any other family member for that matter, you need to take steps to put a safety plan in place as you prepare to leave your marriage.
We know that the decision to divorce is a very difficult one, especially if you’ve been in an abusive relationship. We also know that there is a heightened risk associated with the decision to divorce. We’re going to help protect you and make sure that there are safety measures in place so that you don’t have to risk hurting yourself or your children in the divorce process.
How can I tell my spouse I want a divorce?
Having decided you want a divorce, your first big challenge is how to break the news to your spouse. Check the post, Honey, I want a Divorce for tips on making the divorce conversation easier.
I was just served divorce papers. What should I do?
Being served with divorce papers can be a scary and intimidating time for many people. Not surprisingly when it comes to questions about divorce, we get this one a lot! The first thing you need to do is simply take a breath. You’re going to be okay. Divorce is a legal proceeding. And being served with papers is simply the formal way that your spouse lets you know that he or she has initiated that process.
Second, you’re going to find in the petition that there may be standing orders or a temporary restraining order. These are important to pay attention to because they may limit what you’re able to do – with your finances, for example.
There are other guidelines that are set forth in those orders that are very important, and you need to pay attention to them. Also, there’s a timeline that comes with the service of process, and that means that you need to get an answer on file. And there also may be a hearing date that’s scheduled. The very best thing you can do right now is to pick up the phone and contact a lawyer, so you can learn more about what this means for you.
I’ve decided to file for divorce, what can I do to prepare?
If you are in a broken marriage, and you’ve decided to file for divorce, the very best thing you can do to help prepare for that divorce is to gather information. First, you’re going to want to gather information about your household finances and understand where your accounts are.
If you have a financial advisor, take time to meet with him or her. Get copies of tax returns, and now is also a great time to get a copy of your credit report. In addition to financials, you want to make sure that you’re taking care of yourself emotionally. And by that, I mean take time to do the things that you love to do, spend time with people who love and support you. And finally, when it comes to preparing for divorce, one of the most important steps you can take is to meet with a divorce lawyer who can help you plan for the divorce and make sure you understand and know all your options.
Am I legally married in Texas?
How long does it take to get divorced (in Texas)?
In Texas, just because you file for divorce doesn’t mean you have to get a divorce. Sometimes couples are able to reconcile in the divorce process. If that’s something that you think might be an option, we want to know that early on, so we can help you select a process that provides the space for that to happen. And we can also put you in touch with resources that we think may be helpful.
You can also read te post How long does it take to get divorced in Texas?
Can I spy on my spouse during the divorce?
How can I make divorce easier on my kids?
If you are beginning the divorce process, the very best thing you can do for your children is to let them know that they are loved by you and by the other parent. Here are some tips we found to help make divorce easier on your children.
- Keep your routines as stable and steady as possible
- Remind them that they are loved by both parents and be supportive of the children’s relationship with the other parent.
- Make sure you’re not disparaging or discouraging the other parent,
- Make sure your child has time to do the things they love to do and to spend time with their friends and their family members.
- And finally, if you find that your kiddos are experiencing disruption in their sleep or eating patterns or that they’re experiencing sadness, this is a great time to get a child therapist involved to help support your child.
You should also read Breaking the News: & Tips for Telling Your Kids About Divorce and find out more information on parenting through divorce on our blog.
Can I date during my divorce?
What is common law marriage (in Texas)?
It is quite possible to be married, even if you never had a formal marriage ceremony, you didn’t go to the courthouse, and you didn’t sign a marriage certificate! Marriage can come about by what’s called a “common law marriage.” So, if you live together, and you intended to be married, and you held yourselves out to other people as married, then you may in fact be married. That means if the marriage has come to an end, the relationship has come to an end, and you may also need a divorce in order to bring an end to that relationship. If you have any questions about whether you are married under the laws of Texas, we’d love to talk with you and help you figure out whether your next step is to file for divorce.
Rebel R.
The Hargrave Family Law firm provides all of the services and resources that anybody would need during the divorce process. The legal advice is first rate, and the staff checks in regularly to update you on the process. There are also staff members who call just to check to see how you are doing during the process. That is a comforting feeling when you have such a deep bench at your disposal during the most gut wrenching time in your life. The firm also works with other attorneys in a more collaborative way to reduce costs and complete the process smoothly. Highly recommend.
Leigh R
[During a very difficult time in our family, Hargrave Family Law took such amazing care of us. We highly recommend HFL as your family attorney. Our experience with them was nothing short of professional. They were highly responsive, communicative, compassionate towards our cause, and organized. If these are qualities that you look for in your lawyer, look no further. Jennifer and her entire team [of compassionate Dallas divorce attorneys] will take great care of you.
Erin B
I cannot thank Jennifer Hargrave and her entire staff enough for navigating me through the divorce process. My children and family dynamic were always the top priority. Every detail was communicated to me and thoroughly explained. Jennifer and her staff were always available to listen to my concerns and address them. While divorce is a devastatingly sad and emotional process, I was always met with a smile and the most positive counsel. Without Jennifer and and her staff, I am confident that my outlook on my future would not be the same. She gave me newfound confidence as I start a new chapter. I highly recommend Jennifer Hargrave.
The Jennifer Hargrave Show
Compassionate Divorce
and Family Law
Welcome to The Jennifer Hargrave Show, where top Dallas divorce attorney Jennifer Hargrave (Managing Partner at Hargrave Family Law) talks all aspects of family law (divorce, custody, prenups, mediation, parental rights and much, much more) in a series of fascinating, informative and advice-filled interviews with her expert friends & fellow professionals.