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Once a no fault divorce is filed & both spouses have seen the judge property division was arranged & carried out, the only

Killeen, TX |

remaining issue was amount of retirement pay spouse gets. Can one spouse change the grounds for divorce to a fault divorce.

the 1st court date was July 2nd, both parties agreed to all but the amount of spousal support plus retirement pay was to be given. One spouse objected to the amount offered & requested more, they sent discovery questions.

Attorney Answers 4


  1. The fast answer is: Until the divorce is finally "proved up" before a judge, one can modify the petition for divorce to resolve any disputed issues. The slow answer is: It really depends on the grounds to be added, the reason for the fault. You probably need to consult with a lawyer to make sure that modification is the accurate way of dealing with the "fault."

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney-client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Maria Tu, 2800 West Parker Road #110, Plano, Texas 75025 972-964-8366 http://mariatulawoffices.com


  2. I am not clear on the current status of your divorce case. If a judge has signed a divorce decree, there is a final order. If there is a final order ,it can only be changed by filing a motion for new trial or appealing. There are very short deadlines for both of those things. Once those deadlines have passed, the decree is final and a party cannot go back and litigate those matters.

    If you are saying that you need a Qualified Domestic Relations Order (QDRO) to handle the division of retirement accounts, that is often handled after the decree is entered (though the decree should set out the division that will be detailed in the QDRO. QDRO's are technical and often problematic. Many lawyers do not prepare QDRO's. There are even firms that only draft QDRO's.

    If you are uncertain what should happen next for your retirement accounts, you should consult with a local lawyer. Make sure (before meeting with them) that they handle QDRO's.

    Good luck.


  3. If an issue is preserved for the trial court to decide, then either party is permitted to amend their pleadings, which would include a fault ground for divorce.

    Any answer or response to your question I may provide does not establish or constitute an attorney-client relationship and is for general informational purposes only.


  4. I am unclear if your divorce is over and the court has made a ruling.

    Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.

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