When something is overlooked in a divorce settlement

On Behalf of | Jul 5, 2022 | Family Law |

Once your Texas divorce is final, you might feel relieved. Realizing that an issue was overlooked in your settlement can completely override that feeling. In that situation, you should take certain steps to correct the problem.

File a motion

Because the divorce settlement is considered final, getting a modification may be complex. You will have to file a motion with the court to request it and explain why you’re requesting the change. The motion can be a handwritten or typed document.

Complete all required forms

You should complete all the forms necessary for making the request for modification of the divorce settlement. Make a few copies of each and keep them for your own records in a safe spot.

Mail the original forms to the family court where the divorce took place. You will also have to pay a filing fee.

Choose a motion date

You will be given the option of choosing a motion date. The best thing to do is choose one that’s at least one month ahead. The motion should be held in the same family division court where you obtained your divorce.

Copies of all the documents should be sent to your former spouse no later than 24 days before the motion date you select. They have up to 15 days to respond. Once they do, the court will send you a copy of the response.

When the motion date comes, the judge will make a decision about modifying the divorce settlement. Usually, no hearing is necessary. After that decision, you and your former spouse will receive a copy of the order.

Depending on the specific issue overlooked, the divorce settlement modification could be complex or simpler. Issues related to assets or debts are common. If the issue involves your children, it could be highly emotional especially if your divorce was contentious.