Which court has jurisdiction over the modifications? Many people get divorced in one state and then circumstances lead at least one of the ex-spouses and the children to move to another state.
When this happens, people wonder what to do if they need to modify the child custody provisions of the divorce decree. In an effort to provide unity among the states and to clarify this issue, almost every state has passed the Uniform Child Custody Jurisdiction and Enforcement Act.
The Uniform Child Custody Jurisdiction and Enforcement Act gives jurisdiction over child custody issues to the state in which the child resides. The Act defines the state in which the child resides as the state where the child has been living with a parent for at least six consecutive months prior to the commencement of the proceeding. If a modification needs to be made before the child has lived in a state for six consecutive months then a court with a significant connection to the child should have jurisdiction.
In emergency situations, where abandonment or abuse is suspected any state where the child is physically located can have jurisdiction to handle that emergency. Other common divorce decree modifications include child visitation, child support and alimony provisions of the divorce decree. Most states allow the court which granted the divorce to retain jurisdiction over these matters as long as one of the parties to the divorce decree is still living within the jurisdiction of the court. The physical residence of the child and other spouse are irrelevant. Jurisdiction over child support modification issues are determined by the Uniform Interstate Family Support Act, which has been adopted by every state in the nation.
The Uniform Interstate Family Support Act give the court which issued the original child support order continuing exclusive jurisdiction over child support matters as long as at least one of the parties continues to live in that state or all of the parties agree to the continuing exclusive jurisdiction of the court. A divorce decree is intended to be long term agreement between ex-spouses.
However, sometimes circumstances change, particularly if the ex-spouses share children, and a modification of the divorce decree is necessary. In those instances, it is important to bring the modification request before the court with proper jurisdiction to hear the matter. This article is intended to be helpful and informative. But even common legal matters can become complex and stressful.
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A qualified divorce lawyer can address your particular legal needs, explain the law, and represent you in court. Common Searches. The divorce decree may then be presented at a local Social Security Administration Office to obtain a name change. It is actually cheaper to change your name at the time of divorce.
Yes, it is possible to represent yourself in family court and obtain a divorce. However, without legal guidance through the process, you may unknowingly forfeit your legal rights and agree to terms that you should not agree to. For example, some spouses may be unaware of the property they are entitled to in a divorce, or they may be unaware of what a reasonable child custody arrangement looks like.
Without an attorney, these spouses may agree to terms that hurt them in the long run. It is best to hire an attorney as soon as you begin considering divorce or as soon as you are served with divorce papers.
Divorce Decree Modification
Every divorce is different, and some are more expensive than others. Some divorces may be resolved in just a few months and cost the parties a few thousand dollars at most. Other divorces may drag on for much longer and cost each party five figures. In general, the more contested the issues are, the more expensive the divorce will be. It is difficult to give a precise dollar amount on how much a divorce will cost, because the answer largely depends on how long it takes to finalize the case.
If several hearings, mediation, and a trial are necessary, it is much more expensive than a divorce in which the parties agree on all of the issues in their case. Loosely speaking, it means that most of the property, both real estate and personal property, that you acquire during your marriage will belong to both of you equally. No matter who paid for it. It is the date you got the property and the source of the property that controls, not how it is eventually paid for.
This includes virtually everything purchased during marriage. It is important to remember that a marriage legally still exists even after the parties are separated whether before or after the divorce petition has been filed so any property obtained after separation will be still be community property. This is true even if the property is not physically received until after the final decree of divorce. For example, if the day before the divorce is granted a wife contracts to purchase a new home with closing set off for one month later , or a husband enters into a partnership agreement, this will be characterized as community property.
Moral: be careful and be patient. Judges have a fairly wide range of discretion in deciding who gets what in a property division. Equitable does NOT mean equal. Neither you nor your spouse is automatically entitled to a numerically perfect half of everything. The factors that the court will take into consideration include:. Remember, each one of these is only a factor for consideration.
At least in theory, no one factor should completely decide the case; however, every judge is different. Some judges will put heavier importance on some factors due to their own personal opinions and experience. Your lawyer should know or be able to find out what your particular judge tends to place emphasis on and how he or she tends to rule on property division. This will help you and your lawyer strategize your case.
How to Modify a Divorce Decree | US Legal Forms
Most married couples accumulate debt during their marriage. Car loans, mortgages, student loans, credit card bills, and other types of debts are among those that will need to be divided during divorce. The parties may become jointly liable for a debt if one spouse acted as the agent for the other when acquiring the debt, or if the debt was for a basic living expense. The courts will carefully examine the nature of each debt the parties have accumulated in deciding who is responsible for what. To determine who gets the house in a Texas divorce, one must first examine the nature of the house itself—was it acquired during the marriage, or before?
Was the house given to one spouse as a gift, or was it inherited during the marriage?
Post Divorce Modifications
If the house was acquired before the marriage, was inherited, or was gifted, the house may stay with that individual. If the house was acquired during the marriage, it is community property—both spouses own the house, regardless of how it was titled or who paid the mortgage each month.
Dogs, cats, and other pets quickly become part of the family. In a divorce, who gets the dog? Who gets the cat? Though these furry friends may be considered children in a marriage, legally, they are viewed as personal property. Therefore, rules of property division govern who gets the pets in a divorce. Texas is a community property state, which means that all property acquired after the parties were married—until their divorce is final—is the joint property of both spouses.
If the pets are not separate property, the courts will look at who primarily took care of the pets taking them to vet appointments, feeding them, and so on and who is better equipped to take care of the pet. In some cases, the parties may actually work out a custody agreement for the pet, where both parties get to spend time with the pet—much like a child custody agreement!
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- McKinney Divorce Decree Modification?
- McKinney Divorce Decree Modification.
A business is viewed by Texas family courts as an asset. Assets must be divided during a divorce. There are several different outcomes for the family business in a Texas divorce. In some cases, each spouse may continue to own the business after the divorce. In other situations, a judge may order the parties to sell the business and split its profits.
In this scenario, the spouse that is being bought out may receive assets equivalent to the value of his or her share of the business. Many business owners worry about the future of their companies once a divorce has been initiated.
However, it is better to plan ahead to ensure a business is fully protected in the event of a divorce.