A court may render orders to enforce or clarify the property division in a Texas divorce decree, but generally may not render an order that makes substantive changes to the property division once it is final. A former husband recently challenged a clarification order, arguing it improperly modified the decree.…
The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), codified in Chapter 152 of the Texas Family Code addresses how to determine jurisdiction in custody matters involving more than one state. Generally, a Texas trial court that made a custody determination consistent with § 152.201 or 152.203 retains continuing jurisdiction…
Spouses have a fiduciary duty toward each other with regard to the community estate and commit fraud on the community if they breach a legal or equitable duty in violation of the fiduciary relationship. Fraud on the community often occurs when assets are transferred to a third party, but can…
If the parties in a Texas custody case reach a Mediated Settlement Agreement (“MSA”), the court must enter judgment on the MSA. The MSA is binding if it meets the three requirements set out in Tex. Fam. Code § 153.0071(d). First, it must prominently state that it is not subject…
A Texas divorce decree provision that was agreed upon by the parties is construed according to contract principles. In interpreting the contract, the court considers the entire agreement. Words are given their plain meaning unless there is an indication the parties intended something else. A contract is not ambiguous if…
The relief granted by a court generally must conform to the pleadings of the parties, unless the parties consent to try an issue that was not included in the pleadings. In a recent Texas custody case, a father appealed a court order that he argued not only did not conform…
The court in a Texas divorce must make a just and right division of the marital estate. The estate does not have to be equally divided if there is a reasonable basis in the record for an unequal division. A former husband recently challenged, for the second time, the property…
Texas custody orders commonly include geographic restrictions limiting a parent’s ability to relocate the children outside a specified area. Regardless of whether there is a geographic restriction, a parent may seek to prevent the other parent from relocating with the children, often through modification of the custody order to either…
In some circumstances, a court may order supervised visitation in a Texas custody case if necessary to protect the child’s health and safety. Supervised visitation allows the parent and child to maintain their relationship, while protecting he child’s safety. A father recently appealed a modification order requiring him to comply…
Trial courts are permitted to award Texas spousal maintenance in only limited circumstances. If the spouse meets the eligibility requirements for maintenance, the court must consider a number of factors to determine the nature, amount, and duration. Tex. Fam. Code § 8.052. Spousal maintenance is limited to the lesser of…