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Articles Posted in Divorce

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Texas Appeals Court Finds Insufficient Evidence of Informal Marriage

Generally, the date of a marriage is certain, but that is often not the case with an informal marriage. The date of marriage affects the characterization of property and therefore a dispute over the date of marriage can significantly impact the property division. A former husband recently appealed a divorce…

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Texas Appeals Court Affirms Discharge of Receiver Years After Final Divorce Decree

The court in a Texas divorce case may appoint a receiver to protect and preserve the property of the parties. TEX. FAM. CODE § 6.502(a)(5).  The receiver only has the powers authorized by the court. The receiver’s role is to receive and preserve the property for all interested parties’ benefit. …

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Texas Appeals Court Affirms International Travel Restrictions for Child in Divorce Decree

The Fourteenth Court of Appeals recently reversed a trial court’s order imposing restrictions on international travel for a child whose mother had ties to Russia.  In another recent case, however, the Third District Court of Appeals determined there was no error in a trial court’s imposition of travel restrictions for…

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Court Erred in Valuation of Large Pension in Texas Divorce

Pensions and retirement accounts can complicate property division, especially in a high net worth Texas divorce.  Retirement accounts often include both separate and community property.  In a recent case, a former husband challenged the court’s valuation of the wife’s pension and the resulting property division. According to the appeals court’s…

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Credible Risk of International Abduction in Texas Custody Cases

Sometimes when one parent has international ties, the other parent may have concerns about international abduction.  There is a two-step statutory process to assess and mitigate risk of parental international abduction. The court must consider certain factors to determine if there is credible evidence of a potential risk.  If the…

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Texas Appeals Court Concludes Company Was Husband’s Separate Property

Division of a business in a Texas divorce can complicate a Texas divorce.  As with other property, a business interest possessed during the marriage is presumed to be community property, but that presumption can be rebutted by clear and convincing evidence that it is separate property.  In a recent case,…

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Supreme Court of Texas Addresses Several Property Division Issues in Divorce Case

The Supreme Court of Texas recently considered the property division in a Texas divorce case involving a complex estate, including an outstanding employee bonus, claims of separate property, and a retirement plan. The parties got married in 2020 and were divorced in late 2019, with litigation regarding the property division…

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Texas Appeals Court Affirms Spousal Maintenance Award to Disabled Spouse

A court may award Texas spousal maintenance in a divorce case if the spouse seeking maintenance meets the statutory requirements.  Generally, a spouse seeking maintenance must show that they lack sufficient property to provide for their own minimum reasonable needs and meet one of the other statutory conditions, including being…

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