Kelly McClure, Author at Texas Divorce Attorney Blog

Texas Appeals Court Affirms Divorce Decree Where Appellant Failed to Provide Reporter’s Record

Published on: April 20, 2026 | by Kelly McClure

In Texas family law appeals, procedural compliance is not a technical afterthought; it is often outcome-determinative. A recent Texas Appeals divorce and conservatorship case illustrates a recurring appellate principle: when the record is incomplete, the reviewing court must presume the trial court’s judgment is supported by sufficient evidence, In re Marriage of Ray, No. 12-25-00015-CV (Tex. App.—Tyler 2025). The case serves as a reminder that appellate courts do not retry cases, and they cannot evaluate arguments that are not supported by a complete record.

Factual and Procedural Background

The underlying proceeding involved a divorce and child-related issues concerning B.R. After the trial court entered its final decree, the appellant sought review in the Twelfth Court of Appeals. However, she did not request or file the reporter’s record, which contained the testimony and evidentiary presentations from the trial. That omission defined the scope of appellate review. While the clerk’s record was before the court, it did not include the evidence necessary to evaluate the trial court’s factual determinations.

Enforcing Post-Mortem Property Divisions

Published on: April 16, 2026 | by Kelly McClure

The recent and prolonged litigation between the estate of the late actress Shannen Doherty and her former spouse, Kurt Iswarienko, is a real-world example of the survival of property claims following a party’s death. While Doherty signed her divorce settlement just one day before her passing in July 2024, the legal battle did not conclude with her death. Instead, her estate was forced to initiate litigation to enforce the terms of that agreement, divorce decree, including the sale of a shared property in Dripping Springs, Texas. The court’s finding shows that a signed settlement creates enforceable contractual rights that survive the decedent.

In Texas, while the death of a spouse generally abates a pending divorce, the existence of a signed, binding agreement or a rendered judgment fundamentally alters the jurisdictional landscape, shifting the matter from a family law dispute to a probate enforcement action.

Abatement and the Exception for Rendered Judgments

Appellate Court Affirms Divorce Ruling Emphasizing Financial Transparency

Published on: April 13, 2026 | by Kelly McClure

Texas appellate courts frequently underscore the critical role of financial transparency and credible evidence in divorce proceedings, particularly when child support and property division are contested. In a January 2026 decision, the Fifth District Court of Appeals upheld a Rockwall County trial court’s divorce judgment, emphasizing that digital financial records can outweigh a party’s testimony in determining income and the allocation of community property. Tex. Fam. Code § 3.003.

Factual Background of the Case

The underlying dispute involved a husband and wife regarding child support and the division of marital assets. The husband, unemployed since March 2023, claimed a net monthly income insufficient to justify the trial court’s $1,840 monthly child support award. The wife presented Cash App statements showing over $159,000 in deposits over 14 months.

Practical Application of the “Best Interest” Standard in Texas Custody Modifications

Published on: April 12, 2026 | by Kelly McClure

Texas courts consistently prioritize the “best interest” of the child when adjudicating conservatorship and possession disputes. Under Texas Family Code § 153.002, trial courts evaluate conservatorship arrangements to promote the child’s physical, emotional, and educational welfare. The 2025 appellate decision in In the Interest of A.L.K. provides a contemporary example of how courts implement this principle when parental conflict affects decision-making. In re A.L.K., 08-23-00347-CV, Tex. App.—El Paso 2025.

Factual Background

A.L.K.’s parents, Jun and Jasmine, were divorced and initially appointed as joint managing conservators with shared decision-making responsibilities. Jasmine held primary authority over education and residence under the original 2020 decree. By 2022, Jun petitioned to modify the parent-child relationship, citing material and substantial changes, including ongoing co-parenting difficulties and inconsistent communication that could impact A.L.K.’s stability. Tex. Fam. Code § 156.101. The petition sought a reallocation of educational decision-making authority while maintaining a structured possession schedule.

Texas House Bill Will Narrow Stepparent Access to Children

Published on: March 31, 2026 | by Kelly McClure

Texas family law has long recognized that individuals other than biological parents sometimes serve as primary caregivers for a child. In limited circumstances, those individuals could seek court intervention by filing a Suit Affecting the Parent–Child Relationship (SAPCR). However, recent statutory reforms significantly narrow that pathway, particularly for stepparents.

In 2025, the Texas Legislature enacted House Bill 2350, which amends the standing provisions of the Texas Family Code and raises the threshold for non-parent caregivers seeking access to be heard in Texas courts. The change appears technical, but it may dramatically affect stepparent custody claims in blended families.

Standing in a Suit Affecting the Parent–Child Relationship

Texas Implements “Three Strikes Rule” for Refusal to Follow Custody Orders

Published on: March 18, 2026 | by Kelly McClure

In Texas, court-ordered possession and access provisions are not advisory. They are binding orders, and repeated violations can carry significant legal consequences. A recent legislative change strengthens those consequences. House Bill 3181 creates a statutory “three strikes” framework that directly links repeated contempt findings for denying visitation to the potential loss of primary custody.

Enforcement of Possession and Access Orders

Texas courts possess broad authority to enforce possession and access provisions contained in divorce decrees and orders affecting the parent-child relationship. When a parent refuses to comply with an existing visitation order, the other parent should file a motion for enforcement, and the trial court may impose contempt sanctions, including fines, jail time, and attorney’s fees. Tex. Fam. Code § 157.001; Tex. Fam. Code § 157.166.

Expanded Standard Possession is Now the Default in Texas Custody Orders

Published on: March 10, 2026 | by Kelly McClure

The default schedule for standard possession in Texas has changed. Texas custody law generally uses the term “possession and access” rather than visitation. The Texas Family Code establishes standard possession schedules designed to promote frequent contact between children and both parents. Recent legislative changes have altered how those Texas visitation schedules operate in many cases.

The Standard Possession Order Framework

Texas courts frequently rely on the Standard Possession Order (SPO) when determining possession schedules in divorce and custody proceedings. Historically, the traditional SPO provided that the non-custodial parent exercised possession on the first, third, and fifth weekends of each month, along with certain holiday periods. Tex. Fam. Code §153.312

Texas Supreme Court Reverses Parental Rights Termination Ruling

Published on: February 12, 2026 | by Kelly McClure

The Texas Supreme Court has reversed the outcome in a lawsuit filed by the Texas Department of Family and Protective Services seeking termination of a mother’s parental rights. The case proceeded to trial following the child’s removal from the mother’s care based on allegations involving substance abuse and domestic violence towards another child in the home. By the time the case reached trial, however, the Department’s position had changed.

During the trial, the Department’s representative testified twice that the Department was not seeking termination and instead requested conservatorship relief that would appoint the father as sole managing conservator while leaving the mother as a parent non-conservator.

Despite that testimony, the trial court entered a final order terminating the mother’s parental rights. The court of appeals affirmed the termination, concluding that the trial court was not bound by the Department’s statements at trial.

Texas Supreme Court Reverses and Remands Divorce Property Division Case

Published on: January 21, 2026 | by Kelly McClure

Even after a divorce decree becomes final, disputes may arise regarding compliance with the decree’s property provisions. In a recent case, the Texas Supreme Court examined whether a trial court properly exercised its jurisdiction under Chapter 9 of the Texas Family Code when enforcing a divorce decree involving community property. Morrison v. Morrison, No. 24-0053 (Tex. Jan. 30, 2026)

The parties’ divorce decree awarded each spouse defined interests in the marital estate, including the marital residence. After the divorce, a dispute arose concerning one spouse’s alleged failure to maintain property awarded under the decree, which ultimately affected the value of the marital home. The aggrieved spouse sought relief in the trial court, alleging a violation of the decree and requesting enforcement.

Enforcement Versus Modification

What the Amy Schumer Divorce Highlights About Planning for Texas Divorces

Published on: January 10, 2026 | by Kelly McClure

Amy Schumer and Chris Fischer have announced on social media that they are divorcing after seven years of marriage. Let’s evaluate the dissolution of this marriage from the perspective of a family law attorney.

Even prior to the marriage, Schumer was an internationally famous comedian. Fischer is successful in his own field as a James Beard Foundation Award-winning chef, though Schumer’s net worth dwarfs Fischer’s at the time of writing. These facts matter when weighing the division of assets and debts, though a more penetrating accounting would be necessary.

It’s unclear whether the couple signed any pre- or post-marital agreements, as they never publicly commented on this facet of their relationship. This question piques our interest because pre-marital agreements, post-marital agreements, and pre-divorce planning simply carry higher stakes in terminations involving high-income spouses with significant assets (and possibly debts) to gain or lose.