Texas prenuptial agreements may include a provision requiring arbitration in the event of a divorce. The Texas Family Code includes provisions making arbitration of divorce cases different from the arbitration of other types of cases. A wife recently sought mandamus relief after the trial court ordered arbitration pursuant to a…
Property possessed by a spouse during or upon dissolution of the marriage is presumed to be community property. Clear and convincing evidence that the property is separate is required to rebut that presumption. Wife Asserts Gift from Parties’ Son A husband recently appealed a divorce decree, arguing the trial court…
A court may modify a child’s conservatorship if there has been a material and substantial change in circumstances and the change is in the child’s best interest. A mother recently challenged a court’s modification of her child’s conservatorship. According to the appeals court’s opinion, the parents divorced following the mother’s…
A trial court must effect a “just and right” division of property in a Texas divorce. When a party pleads a fault-based divorce, the court may consider the other’s parties conduct and divide the property disproportionately. A husband recently challenged a disproportionate division. According to the appeals court’s opinion, the…
Parents have a fundamental right to make decisions about their child’s care, custody, and control. There is a presumption that a fit parent acts in the child’s best interest. A non-parent seeking visitation or custody over a parent’s objection must overcome the fit-parent presumption. They must have evidence of behavior…
Some people may assume that property held in only one spouse’s name is that spouse’s separate property, but that is not necessarily the case. In Texas, property’s character is determined based on when and how it is acquired. Additionally, in a Texas divorce, property acquired during the marriage is presumed…
Business entities and business property can complicate the property division in a Texas divorce. Property owned by a business entity is not considered either separate or community property of the spouses, but instead belongs to the entity. In a recent case, a husband challenged the trial court’s denial of his…
A trial court may order Texas spousal maintenance, sometimes referred to as “spousal support” or “alimony,” if certain criteria are met pursuant to Tex. Fam. Code Ann. § 8.051.. If the marriage lasted at least 10 years, a court may order spousal maintenance to a spouse who does not have…
When a parent seeks modification of Texas custody, they generally must show there has been a material and substantial change in circumstances since the prior order was rendered and that the change is in the best interest of the children. A parent petitioning to change the designation of the parent…
While videoconferencing technology allowed certain court proceedings to occur and cases to move forward during the pandemic when in-person proceedings were not available, the technology is not without its problems in a court setting. Some individuals, especially those living in rural areas, may not have access to a strong internet…