When Can a Texas Divorce Order Be Modified?

 Posted on December 31, 2025 in Family Law

In Texas, divorce decrees cannot usually be modified without good cause. If you do not understand the situations when a court order can be modified, you may struggle to file a successful petition. A skilled Llano, TX family law attorney can help you make a formal request to the court and follow the right procedures.

At Law Office of Russ Alan Baker, PLLC, we have established a reputation as an upstanding, highly competent law firm, as Attorney Russ Alan Baker holds a perfect 10.0 Avvo rating. We can review your case and look at your available avenues to request a modification to your divorce decree.

Three Reasons to Modify a Divorce Decree in Texas

Very few divorces go to trial – less than 10 percent, as reported by Harvard Law Today – but in some cases, a couple may have to return to court to amend a divorce decree. Most of the time, the source of the disagreement can be traced back to finances or children. If you need help at this critical juncture, don’t hesitate to reach out to our firm.

Mistakes in Application of Law

If you believe the judge in your case made a mistake applying the law, it may be worth reviewing the facts once more in court. For instance, an asset may have been classified as separate property instead of marital property and wrongly divided. This is a different legal procedure than a post-decree modification, which may take place long after the original decree was issued.

Even if you simply disagree with the judge’s findings in your original divorce decree, you do have the right to an appeal. A higher court will review your case and determine whether the judge in your case made any mistakes, although such a finding is rare. Keep in mind that you only have 30 days to appeal a divorce judgment, so timing is critical.

Substantial Change in Circumstances

Sometimes, a substantial change in circumstances is enough to warrant a modification to the original decree. Whether this is a change in custody arrangements, child support payments, or alimony, if you can successfully argue your case before a judge, you may have your divorce decree modified. However, the change in circumstances really does need to be substantial and judges do not look kindly on frivolous petitions.

If a parent loses their job in a recession and can’t find new work, a judge might pause or lower their child support payments temporarily. But if a parent quits one job to take another they prefer – and the pay is only a little different – that might not count as a major change in circumstances.

Agreement Between Ex-Spouses

You and your former spouse can agree to change things after your divorce is final. You might rearrange your custody schedule or modify spousal maintenance payments. A judge will usually approve these changes if they follow Texas family law. For example, if a parent’s job changes, the court may agree to a new possession and access order. The judge will approve it only if the change is in the child’s best interests.

What Steps Do I Have to Take to Request a Post-Decree Modification?

First, decide which part of your decree needs to change. It could be child support, custody, or spousal maintenance. Think about why the change is needed. Then get the correct form, usually called a "Petition to Modify." Fill it out carefully. In the motion, explain what you want to change and why.

Next, file the motion in the same court that issued your original decree. There will be a small fee. After filing, you must give a copy of the motion to your ex-spouse. After service, the court will send you a hearing date. The date may be weeks or months away. 

Use the time before the hearing to gather evidence. For a child support change, collect pay stubs or proof of job loss. For custody changes, get school records or doctor notes. At the hearing, the judge will listen to both sides before making a decision.

What if I Do Not Agree With a Proposed Modification?

If you disagree with the request, you must act quickly by filing a form called a "Respondent’s Original Answer" with the court. This tells the court you oppose the change. In your answer, write why the decree should stay the same. You can list facts, like stable income or steady work schedules.

Once the answer is filed, the court will set a hearing. Both sides will go to court on that date. You can bring witnesses, like teachers or counselors. You can also bring documents, like bank statements or medical bills. The judge will ask questions and hear arguments. After that, the judge will rule. If you still disagree, you may have the right to appeal within 30 days.

How Often Can You Modify a Divorce Decree in Texas?

Texas law does not set a hard limit on the number of modification requests. Typically, you must show that there has been a "material and substantial change" in circumstances. 

For custody or visitation, you can file any time there is a real change that affects the child’s well-being or needs (Texas Family Code Sec. 156.101). A move to a new city, a change in work hours, or a new health condition may be valid reasons to request a modification.

Contact a Llano, TX Divorce Order Modification Lawyer

At the Law Office of Russ Alan Baker, PLLC, we understand that circumstances can change after a divorce. We will help you determine whether modifying a divorce decree is possible or practical and then help you with whatever decision you make. Call us today at 325-216-2006 or contact our Llano County, TX family law attorney online to set up an initial consultation.