In a recent case, a Texas appellate court considered a motion by an ex-wife to compel her former husband to produce financial records. The husband petitioned for divorce from the wife in 2008. He was employed by a limited liability company and also participated in other limited liability partnerships with…
Articles Posted by Kelly McClure
Factors for Spousal Maintenance Award in Texas
In a recent Texas appellate case, a husband and wife filed cross petitions for divorce. The husband argued that the trial court had erred in awarding the wife $5000 each month in spousal maintenance. The wife argued that the trial court had made a mistake in not appointing her as…
The Property Owner Rule in Valuing Texas Property for Distribution Purposes
In a recent Texas appellate case, the court considered the lower court’s division of a marital estate. The couple was married in 1990 and bought two businesses while married, one an insurance agency operated by the wife and the other a livestock auction house operated by the husband. The wife…
Grandparents Seek Court-Ordered Visitation in Texas
In a recent Texas appellate case, paternal grandparents wanted the court to order a mother to give them access to their grandchild. The case arose after a couple married in 2004 and had two children in the subsequent years. The father died, and at the time of his death, the kids…
Protecting Your Assets in the Event of Divorce
One of the best ways to protect your assets during marriage is to enter into a premarital agreement (also known as a prenuptial agreement or prenup) prior to getting married that details all the assets and liabilities of both parties prior to marriage and details each party’s rights and…
Family Violence and Custody in Texas
A pattern of family violence can have a significant impact on custody issues in Texas. In Interest of DM, a Texas appellate court considered the impact of family violence in determining who should be managing conservator for children. The father and mother appealed from the trial court’s order related to…
Modifications to Exclusive Right to Designate Residence of a Texas Child
In Interest of TAM involved requests to modify the parent-child relationship. The child in question was 11 when an order of modification was entered for the second time. The first time the parents asked for modification resulted in both parents keeping joint managing conservator status and lots of the rights they’d…
Texas Contempt Findings for Violations of Morality Clause
In Interest of W.B.B. considered a request for contempt findings against a Texas mother. The parents of a child had divorced in 2010. The parents were named joint managing conservators of their child, and the father had the right to designate his residence. The couple agreed to multiple mutual injunctions.…
Emotional Abuse by a Mother in Texas
Many people assume that emotional abuse is not as serious as physical or sexual abuse. This is not the case in parental rights and child custody matters in Texas. In the Interest of SD and GD concerned the termination of a parent-child relationship between a Texas mother and her two children.…
Acceptance of Benefits Doctrine in Texas Divorce
In a recent Texas Supreme Court case, the Court considered the acceptance-of-benefits doctrine, which stops a litigant from challenging judgments after voluntarily accepting any benefits provided by the judgment. The Court considered the case because divorces regularly divide assets in situations in which a party can possess and control assets…