What is a motion for modification?

November 17, 2020 Admin

Table of Contents

What is a motion for modification?

A request for a change is made by filing a “motion to modify” the divorce decree or judgment. This motion is usually filed with the same court where the divorce judgment was issued. When drafting your motion to modify you must demonstrate changed circumstances that make a change warranted.

Can a judge modify a sentence?

A judge may in fact modify your sentence if their was a clerical error. Yes. A court generally maintains power to correct an incorrect sentence. This means that if the sentence was brought about by a clerical error, the court can simply amend the abstract of judgment to reflect the correct sentence.

Is there a statute of limitations on divorce settlements in Texas?

There is a two-year statute of limitation to file a suit to enforce against a former spouse. This two-year time period starts the date the original divorce decree was signed by the judge or becomes final after an appeal, whichever date is later. See Texas Family Code chapter 9.003 (a).

How long do you have to appeal a divorce decree in Texas?

30 days

Can a divorce decree be reversed in Texas?

If the divorce settlement has already been signed and the judge signed the divorce decree, you might be able to reverse the judge’s decision. If your divorce decree was signed less than 30 days ago, the judge might rescind the decree, but after 30 days, the judge cannot.

How long is spousal support in Texas?

In most cases, the Texas Family Code provides that spousal maintenance may only be ordered for spouses that have been married for 10 years or longer. For marriages lasting between 10 and 20 years, support can be paid for a maximum of five years.

How does adultery affect divorce in Texas?

No, adultery is not illegal in Texas. But Texas courts consider marital misconduct, including infidelity, in dividing the parties’ community estate. Typically, fault grounds for divorce, such as adultery, are raised by the innocent spouse to gain a greater (or disproportionate) award of the community estate.