In a Texas divorce, a jury may decide issues regarding the characterization and valuation of property, but the judge is responsible for actually dividing the community property in a just and right manner. The court may consider a number of factors, including fault, education, ages and physical conditions, financial conditions,…
Retirement benefits can be a complex and contentious issue in a Texas divorce case. Generally, any income earned during marriage is considered community property unless proven to be separate property, including funds contributed to a retirement account or earned as pension benefits. In a recent case, a husband challenged a…
Premarital agreement Some Texas premarital agreements may include a binding arbitration clause. A party may compel arbitration when the claims at issue are within the scope of a valid and enforceable agreement to arbitrate. If the claim falls within the agreement’s scope and there is no defense to enforcing it,…
In Texas custody cases, it can be very difficult for a non-parent to obtain custody or visitation of a child over the objection of a parent. In some circumstances, however, a non-parent (such as a grandparent) has the right to file suit seeking custody or visitation. One such circumstance is…
In some Texas divorce cases, a party fails to file an answer to the divorce petition or otherwise participate in the divorce proceedings in any way. When a court divides property in a Texas divorce, it must do so in a “just and right” manner. TEX. FAM. CODE ANN. §…
In Texas custody cases, a court may only issue an order denying possession of a child or imposing restrictions or limitations on a parent’s right to possession to the extent necessary to protect the child’s best interest. Tex. Fam. Code § 153.193. Thus, a court may only order that…
Sometimes parents disagree about whose surname a child should have. Texas family law allows a court to order a name change for a child if the change is in the child’s best interest. Tex. Fam. Code Ann. § 45.004. Additionally, when a court adjudicates parentage, it may order a name…
Texas family law includes a presumption that parents should be appointed joint managing conservators. The law does not require, however, that the parents be given equal possession just because they are joint managing conservators. Tex. Fam. Code § 153.135. There is a rebuttable presumption that the standard possession order is…
When a divorcing couple reaches a Mediated Settlement Agreement (“MSA”) that meets the statutory requirements, the parties are entitled to a judgment on that MSA. Tex. Fam. Code Ann. §§ 6.602(c). In some cases, however, things can change after the MSA is agreed upon. In a recent case, a wife…
Many couples attempt to reconcile after breaking up or divorcing. Moving back in together can effect a parent’s obligation to provide child support. If the parent who is obligated to pay child support is contributing to the support of the household, he or she may be entitled to a credit…