To avoid repeated court visits, harassment by ex-spouses, and disruptions to the life of children of divorced parents, Texas courts set strict limitations around when divorce orders can be modified. Certain parts of divorce decrees are easier to modify while others are, practically speaking, next to impossible to change. If you have been divorced in Texas and are wondering whether your divorce order may be modified, read on and then contact a Llano County divorce attorney for help. 

Mistakes in Application of Law

If you believe the judge in your case made a mistake applying the law - for example, if an asset was considered your spouse’s personal property and you are sure it is marital property - you have 30 days to file an appeal. 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. 

Agreement Between Ex-Spouses

If you and your former spouse have agreed to change certain things after the divorce is finalized, such as rearranging your custody schedule or changing spousal maintenance payments, a judge will usually approve it if it meets Texas law guidelines. For example, a parent’s job may change and so a change in the parents’ possession and access order is likely to be approved as long as it is in the child’s best interests. 

Many a Texas divorce has been triggered by the sudden, shocking revelation that one spouse is having an affair. For the spouse who is victimized by this behavior, finding out that your life partner has been so dishonest can be heartbreaking. If you are in this situation, you may understandably feel angry and betrayed. Your anger may be directed at your spouse, but it may also be equally directed at the person who helped your spouse blow up your marriage. In addition to your spouse’s lover, this could be friends, family members, and even a therapist of your spouse’s who encouraged a divorce or worked to hide the infidelity from you. 

Not so long ago, adultery was illegal in many states and spouses whose partners cheated on them could, at least theoretically, hope that their partner would suffer consequences for their behavior. But adultery is not illegal in Texas and Texas also has legislation specifically abolishing the right to bring an “alienation of affection” lawsuit, in which someone responsible for destroying a couple’s marriage could be sued. So if you cannot do that, is there anything you can do to pursue justice against a spouse who ruined your marriage? 

What is Intentional Infliction of Emotional Distress? 

The Texas Supreme Court decided a highly influential case in 1993 that made it possible for spouses to sue each other for the tort of intentional infliction of emotional distress. The court gave specific guidelines that a spouse must meet to be successful in such a lawsuit. Unfortunately, most common acts of infidelity do not meet the necessary standards of conduct, as a spouse must show that their partner did the following: 

Divorcing a hostile spouse in Texas is no easy feat. While most couples are not getting along well by the time they pursue divorce, some people are particularly prone to conflict and actively seek it out. Spouses often get caught up in the emotional highs and lows of the fights they share during divorce, and while getting that perfect one-liner under your spouse’s skin may feel good in the moment, it often leaves you feeling rotten for many days afterward. If you want to put a stop to the hostilities in your communication, the BIFF communication method may be helpful to you. 

What is the BIFF Method? 

BIFF stands for “brief, informative, friendly, and firm.” It is a communication strategy designed by relationship conflict experts who want to help divorcing spouses - and anyone else in a high-conflict environment - minimize angry conversations and turn tense talks into reasonable, effective discussions. The BIFF method uses these four strategies: 

• Brief - The less you say, the less there is to fight about. While it can be tempting to explain yourself in-depth, especially when you feel the need to justify your actions or thoughts, avoiding conflict is easier when there is less content to react to. Just get your most important point across and leave the rest unsaid. 

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After your Texas divorce is finalized, chances are that you will be happy to avoid contact with your ex as much as possible. However, alimony or spousal support payments often require spouses to stay in contact with each other, even if only to address logistical issues. Fortunately, some spouses will qualify for something called a Qualified Domestic Relations Order, or QDRO, which allows them to split retirement benefits in such a way that the receiving spouse gets payments directly from the retirement plan administrator. If you are getting divorced and are wondering how a QRDO might benefit you, read on. 

A QDRO Allows You To Retain Favorable Tax Benefits

QRDOs are legal orders from a Texas family court allowing spouses to change partial ownership of their retirement plan when they split marital property in a divorce. With a QDRO, spouses can continue to benefit from tax deferred retirement plans while still dividing community property at the appropriate time. Unlike a house, which must be sold and have its capital gains taxes paid before the value can be divided, retirement accounts can continue accruing value without tax penalties until such time as benefits are paid out. 

While domestic abuse presents a serious problem for many intimate partners and families in Texas, there is no question that some people abuse the seriousness with which Texas treats domestic abuse by making false accusations. False accusations of domestic violence can result in harmful negative consequences, including criminal charges, restrictive orders of protection, lack of access to your home and children, and damage to your reputation.  

Even worse, temporary restraining orders can be put in place without the input of the person against whom the accusations are made. This can catch the target of the restraining order by surprise and leave them wondering what on earth they should do. If you have been accused of domestic violence and had a temporary or final protective order unjustly issued against you, you have legal options. While it may not be easy, a skilled criminal defense attorney can help you fight false accusations and get your life back. 

Does My Partner Have to Prove I Did Something Wrong? 

Mistakes happen and good people make bad decisions in the heat of the moment. During a fight, both partners may say things they do not really mean. However, even the most superficial threat of violence can be taken seriously and a partner may respond to a fight by misinterpreting their partner’s intentions and requesting an order of protection. Other times, partners will deliberately use orders of protection as a power move, a tactic to “punish” someone, or a manipulative effort to keep them away from their children and home.