When a business is struggling, the owner often wants to put money into it to try to save it. This can be a simple matter when both spouses have ownership in the business. Texas divorce attorneys understand, however, that it can be complicated when the business is one spouse’s separate…
Articles Posted by Francesca Blackard
Characterizing Gifts in Texas Divorces
Dividing property is an important aspect of the divorce process. Only community property is divided by the court, however. Although property acquired during the marriage is presumed to be community property, Texas divorce attorneys know there are some exceptions. A gift made to one spouse during the marriage is separate…
Property Division in Texas Divorce Must Be Equitable But Not Equal
In a Texas divorce, the court is required to divide the property in a “just and right” manner. The court is not required to divide the property equally but must divide it equitably. It may order a disproportionate division if it has a reasonable basis to do so. There are…
Property Division and Texas Spousal Maintenance in a Divorce
In Texas spousal maintenance cases, the trial court has wide discretion in dividing the estate. The court may divide the property unequally if there is a reasonable basis to do so. It may consider a number of factors, including the capacities and abilities of each spouse, benefits the spouse who…
Modification of Child Custody Travel Provision in a Texas Case When There’s an Abduction Risk
In a recent Texas child custody case, a father challenged the modification of conservatorship of a former couple’s child. The modification allowed the mother to go abroad with their child. The case arose when the mother moved to modify the divorce decree, which had appointed her and her ex-husband as…
Wasting of Community Assets in Texas
After a Texas divorce, the husband appealed the lower court’s division of marital property. He argued that there wasn’t enough evidence to support the lower court’s finding that he’d wasted community assets in the amount of about $800,000. The couple were married in 1968. The husband left the marital home…
Requests to Modify Spousal Maintenance in Texas
In a recent Texas alimony decision, an ex-husband appealed the granting of spousal maintenance to his ex-wife. The couple had married in 2005. The man sued for divorce 10 years later. The woman claimed that the formal marriage had occurred in 2005, but they had married in 1999 when she…
Abusive Spouse Appeals Texas Child Custody Order
In a recent Texas appellate decision, a father appealed a divorce decree naming the mother the sole managing conservator of their two kids. The mother had filed for divorce in 2016. When the matter came to trial, the father was serving a 15-year prison sentence for aggravated assault with a…
Termination of Parental Rights Due to Child Injury in Texas
In a recent Texas child custody case, a mother sought reversal of a judgment that terminated her parental rights to her two kids. The parents were the biological parents of two small kids, one a four-year-old autistic boy and the other a 19-month-old girl. They lived in an apartment, and…
Modification of Parent-Child Relationship Post-Divorce in Texas
In a Texas child custody decision, the appellate court considered child custody and a petition to modify the parent-child relationship. The couple had married in 2010 and had their first child the next year. They separated and got back together multiple times, but they finally separated a last time in…