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Houston, Texas
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Advocating For You

Can you modify property division after a divorce?

On Behalf of | Aug 10, 2021 | Modifications

It is incredibly important that you take time and care when creating your divorce settlement. You need to make sure that you agree with everything. It is a huge mistake to try to rush through it simply to get things over with.

Some things you may be able to fix in the future. For example, you can modify parenting plans or spousal support at a later date, even though it may be more difficult to do so, but there are some things you cannot change. Make a note that once you agree upon property division and the court finalizes your divorce, you can never make changes to the property division decisions according to the Texas Constitution and Statutes.

Written in the law

The fact that the court cannot modify property division decisions from a divorce after issuing the final decree is directly in the law. The law prohibits the court from making any type of change to the decisions made.

Even if you and your former spouse agree to make changes, the court cannot verify or validate such a thing. It has no legal right to make any changes to the decree after finalization.

Given limited exceptions

There are some very limited exceptions where the court may make slight changes. Most common is the ability to clarify something that was not made clear in the original order. The clarification cannot change the original order. It is only to ensure everyone is on the same page and there are no misunderstandings.

Even when clarifying, the court has limitations. It cannot make any ruling for 30 days after the final order.

In general, you should consider any property division decisions in your final divorce decree to be binding.