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Articles Posted by Kelly McClure

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What the Amy Schumer Divorce Highlights About Planning for Texas Divorces

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…

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Sealing Your Case in High Net Worth Divorce

Texas family law proceedings are generally open to the public, but parties in high-net-worth divorces frequently seek to shield sensitive financial and personal information from disclosure. A recent dispute surrounding the divorce records of Texas Attorney General Ken Paxton and Texas Senator Angela Paxton illustrates how courts approach requests to…

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Military Retirement and Disability in Texas Divorce Settlement

Parties to a Texas divorce may wish to reach a settlement agreement to avoid protracted litigation and resolve their issues amicably.  Divorcing spouses may enter into an agreement incident to divorce pursuant to Tex. Fam. Code § 7.006, which may generally be revised or repudiated at any time before the…

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Business Was Not Required to Be Served in Action to Enforce Texas Property Division

Pursuant to Chapter 9 of the Texas Family Code, a party may file suit to enforce the property division in a divorce decree.  If a party’s “rights, duties, powers, or liabilities may be affected” by the enforcement action, they must receive notice by citation. Tex. Fam. Code § 9.001. A…

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Texas Appeals Court Reverses Property Division in High Net Worth Divorce Involving Allegations of Fraud

High net worth divorces and business divorces can often be contentious.  In some cases, spouses may allege fraud or other improper actions by the other spouse.  There is a presumption of fraud when a spouse disposes of the other’s one-half interest in a community asset without their consent or knowledge.…

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Wife Granted Portion of Proceeds of Husband’s Separate Property House Purchased Prior to Marriage

In Texas, property acquired by either spouse during the marriage is presumed to be community property.  However, property acquired prior to marriage is not community property.   In a recent case, the parties disputed the ownership of a piece of property they bought before marriage. Before the parties married, they bought…

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Texas Reversal of Temporary Injunction Enjoining Ex-Wife From Filing Lawsuits Related to the Parties’ Company

The division of a business in a Texas divorce can result in ongoing disputes, even after the divorce is finalized. This can be especially true when one party has control of the business while both parties maintain an ownership interest.  A former wife recently appealed a temporary injunction enjoining her…

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Texas Appeals Court Affirms Characterization of Parental Gift as Separate Property

The court in a Texas divorce case must divide the estate in a “just and right” manner.  Property acquired by either spouse during the marriage, except separate property, is community property.  Tex. Fam. Code § 3.002.  Separate property includes property acquired by a spouse by gift.  Tex. Fam. Code §…

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