Kelly McClure, Author at Texas Divorce Attorney Blog

Texas Appeals Court Addresses Conflict-of-Interest Lawsuit Against Divorce Attorney

Published on: June 14, 2026 | by Kelly McClure

Texas courts continue to apply strict standards to attorney conflicts of interest in family law disputes, particularly where an attorney previously represented one spouse, or both spouses, in prior legal matters. A recent opinion from the Third Court of Appeals in Austin highlights how allegations involving prior representation, confidential information, and nondisclosure may support disqualifications in divorce proceedings. Jason Murray Davis and Davis & Santos, P.C. v. Graham Weston, No. 03-22-00378-CV (Tex. App.—Austin Apr. 30, 2026, no pet.).

Background

The underlying dispute arose from divorce proceedings between Graham Weston and Elizabeth Weston. The attorney at issue had previously represented Graham Weston and related business entities over a period of years in matters tied to the family’s financial and corporate interests. The latter representation of Elizabeth Weston in divorce litigation against Graham formed the basis of the conflict allegations. (Graham had previously filed for divorce, then nonsuited the petition and was not represented by Davis during that initial divorce filing.)

Texas Rule 166a Revisions May Accelerate Divorce Litigation Timelines

Published on: June 10, 2026 | by Kelly McClure

The Texas Supreme Court’s March 2026 revisions to Rule 166a of the Texas Rules of Civil Procedure substantially changed summary judgment practice in Texas civil litigation. While the amendments were not directed specifically at family law cases, the procedural changes are expected to affect the pace and management of contested divorce proceedings, particularly those involving property characterization disputes, reimbursement claims, fiduciary-duty allegations, and enforcement actions.

Filing Dates Now Control Summary Judgment Deadlines

Prior versions of Rule 166a tied most deadlines to the hearing date selected by the movant. The revised rule instead measures deadlines from the date the motion itself is filed. Under amended Rule 166a, a response is generally due 21 days after the motion is filed, while the movant’s reply is due seven days later. The court must then set the hearing or submission within designated periods. Tex. R. Civ. P. 166a(d)-(f).

Financial Independence During Marriage Does Not Eliminate Texas Community Property Rights

Published on: June 3, 2026 | by Kelly McClure

A recent article discussing separate bank accounts in marriage focused heavily on emotional and relational dynamics between spouses. The article referenced a Journal of Consumer Research study suggesting that couples who merged finances often reported higher relationship satisfaction than those who maintained separate accounts (though outcomes varied depending on communication patterns and financial transparency within the marriage).

These findings speak to marital dynamics, but Texas divorce law, however, operates under a separate statutory framework that does not turn on how spouses organize day-to-day finances during marriage. This framework frequently surprises spouses who intentionally maintain independent finances throughout the marriage.

Community Property Presumption Under Texas Law

Austin Court of Appeals Affirms Termination of Parental Rights After “No-Merit” Appeal

Published on: May 27, 2026 | by Kelly McClure

Texas appellate courts apply a strict and high standard when reviewing orders terminating parental rights. Once a jury finds statutory grounds for termination under Texas Family Code § 161.001 and the trial court enters judgment supported by clear and convincing evidence, reversal on appeal becomes difficult absent a significant procedural or legal error. Tex. Fam. Code § 161.001(b); In re J.F.C., 96 S.W.3d 256 (Tex. 2002).

A recent decision from the Third Court of Appeals in Austin demonstrates this exacting standard. In B.B. v. Texas Department of Family and Protective Services, the court affirmed a jury verdict terminating a mother’s parental rights after her own appointed appellate counsel filed what is known as an Anders brief, advising the court that no non-frivolous grounds for appeal existed. B.B. v. Texas Department of Family and Protective Services, No. 03-25-00649-CV (Tex. App.—Austin Jan. 8, 2026).

The Jury Findings and the Anders Brief

Interspousal Gifts and Separate Property Under Texas Law

Published on: May 7, 2026 | by Kelly McClure

A fundamental principle of Texas family law is the distinction between community and separate property. While Texas is a community property state, property acquired by a spouse during marriage by gift, devise, or descent is characterized as that spouse’s separate property. Tex. Fam. Code § 3.001(2).

This characterization remains vital even when parties have executed a premarital agreement (PMA) designed to opt out of the community property system entirely. A recent decision from the Dallas Court of Appeals, In the Interest of A.B., illustrates that even a robust “no community property” agreement does not preclude one spouse from transferring their separate property to the other through a valid interspousal gift. No. 05-25-00039-CV, 2026 WL, Tex. App.—Dallas.

Factual Background

Texas Divorce and Business Ownership: When Spouses Are Also Partners

Published on: April 26, 2026 | by Kelly McClure

The dissolution of a marriage involving spouses who serve as co-owners or partners in a closely held business presents unique challenges under Texas law. When marital discord overlaps with corporate governance, the court must navigate the complexities of both the Texas Family Code and the Texas Business Organizations Code. These cases frequently involve high-stakes litigation where the fiduciary duties owed to a business entity intersect with the duties owed to the community estate.

In a recent matter originating in San Antonio, a jury awarded a verdict exceeding $20 million in a dispute involving a prominent automotive dealership partnership. The litigation involved long-term business partners who were also spouses, illustrating the volatility that arises when a professional partnership is entangled with a crumbling marriage.

The dispute centered on allegations of breach of fiduciary duty and the mismanagement of dealership assets during the pendency of the divorce. The divorcing couple has a variety of other lawsuits and countersuits against each other, also awaiting decisions in the Texas court system.

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.