Yes, there are a few situations in which a court may decide that a finalized divorce be reopened. In cases of fraud or misrepresentation during the divorce process, or if there is significant new evidence that would affect the court-ordered spousal support amount or frequency, child custody and support arrangements, or marital property division, then the aggrieved spouse can file a motion with the county court to reopen the divorce case in light of the changed circumstances.
You and your Frisco divorce attorney have 30 days from the date of the final divorce decree to file the petition demonstrating that one of these situations is present, along with supporting evidence.
Grounds for revising a divorce decree in Texas
Texas law stipulates specific circumstances in which you can reopen the divorce for reconsideration of the divorce decree.
- Fraud or misrepresentation: Submit proof that your spouse concealed assets or purposefully lied during the proceedings to achieve a more favorable division of marital property. This includes the discovery of hidden assets; if one spouse fails to disclose assets during the divorce and they are subsequently discovered after the decree is issued, the case may be reopened.
- Mental incapacity: One party may have been mentally incapacitated and therefore legally unable to consent to the divorce decree or go through the proceedings.
- Legal or clerical errors: If the divorce decree contains an error, a discrepancy from what the couple worked out on their own or in mediation, or if there was an error in the legal process, the case may be reopened or the error corrected to reflect the couple’s true intentions.
- Material change in a shared child’s circumstances: If there is a significant change in the needs of a child the couple shares conservatorship of, like contracting a chronic disease or becoming grievously injured and requiring intensive medical treatment or caregiver services, a child custody and support order may be modified to better meet the child’s changed needs.
How to file a petition to reopen a divorce case in Texas
Talk to your divorce lawyer about your legal options if your situation fits one of the legal grounds for reopening the divorce case. Remember, you only have 30 days to file the petition with the court.
Collect all evidence you have regarding the situation, such as bank statements, your child’s medical records, your diagnosis of mental incapacity, or emails or texts that would indicate that your spouse concealed assets. If the grounds for reopening the divorce involve fraud or concealing assets, your lawyer may need to involve a forensic accountant to uncover the extent of your ex’s hidden assets.
There will be a hearing, during which both sides will present evidence to support their position. The judge may deny that your grounds meet the legal requirements to open the divorce, or they may agree to reopen the case on a limited basis to only address the issue you present.
Modifying a Texas divorce decree
If you no longer meet the strict requirements to reopen your divorce case, or if more than 30 days have passed since the final decree, you may still be able to request changes through a post-divorce modification. Texas law allows either parent (or another qualifying party) to file a modification case when there has been a material and major change in circumstances affecting custody, visitation, or support.
Some common examples include:
- Violation of possession and access terms: If your child’s other parent regularly misses visitation or frequently changes the schedule, you can ask the court to modify the existing order.
- Major changes in income or ability to work: A substantial pay raise, job loss, or disability may justify changes to child support or spousal support obligations.
- Relocation that disrupts custody: A parent’s move that significantly interferes with the current parenting schedule may support a modification request.
- Remarriage or cohabitation: The paying spouse may ask the court to terminate spousal support if the receiving spouse has remarried or is living with a new partner.
- Substance abuse or unsafe environment: If a parent is struggling with addiction or creates an unstable home, the other parent may request primary custody or supervised visitation.
Whether your case is contested or uncontested matters. If both parties agree to the changes and sign the required forms, the case can move forward by agreement. But if your co-parent refuses to sign, the case becomes contested, and you’ll likely need a hearing and legal representation to move forward.
What to do if you need to reopen your divorce case
Was there an error or fraud present during your divorce proceeding that only came to light after the original divorce was finalized? The legal team at Albin Oldner can help you evaluate your legal options and take the next steps. Call our law office today at (214) 423-5100 to schedule a consultation with an experienced Frisco family law attorney.
