Texas, unlike many states, still recognizes common law marriage (also known as an “informal” marriage). Unlike with formal marriages, a common law spouse often has to prove that the marriage even existed before getting a divorce. A party may prove that an informal marriage exists by showing that the parties…
A court may order one joint managing conservator to pay Texas child support to another joint managing conservator. Tex. Fam. Code Ann. § 153.138. The child’s best interest is the primary consideration in determining child support. There may, therefore, be occasions where a court orders the parent with primary physical…
With such close geographic proximity, the legal issues that arise in a Texas divorce case occasionally transcend our border with Mexico. In a recent opinion, one Texas court explored the intersection between the laws of Mexico and Texas and whether a Mexican premarital agreement is valid and enforceable in Texas.…
With an increasing number of couples having children in their 30s, or skipping having children altogether, pets are taking on a whole new role for many Texas couples: a temporary stand-in for children and sometimes even a permanent replacement. As a result, more Texas couples consider their pets to be…
What is a Partition or Exchange Agreement? In Texas, spouses can enter into agreements (often referred to as “partition or exchange agreements“) during marriage, partitioning community property between themselves. A partition or exchange agreement must satisfy several requirements to be valid and enforceable, including being signed by both spouses. However,…
Unfortunately, former spouses do not always comply with all of their obligations under a Texas divorce decree. When that happens, the other party may need to take action to enforce those obligations. A father recently challenged a court order charging his interest in certain business organizations with judgments the mother…
Long term relationships that involve joint business dealings prior to marriage can lead to complicated divorces. In a recent case, a wife challenged a trial court’s finding that she and her husband had formed a business partnership in 1995 and that properties purchased in her name belonged to the partnership.…
Divorce is usually fraught with emotion, but in some cases, a party may be pressured to the point of duress. Duress exists when there have been threats that prevent a person from exercising their own free will. Although it is not duress when a person threatens something they have a…
The court in a Texas divorce case may grant a divorce in favor of one party if it finds the other party committed adultery. There must be “clear and positive” evidence of adultery. Adultery may occur after separation. In a recent case, a husband challenged the divorce on the grounds…
In some Texas divorce cases, the parties are able to reach an agreement on property division. Such an agreement is treated as a contract, even when it is incorporated into a final agreed divorce decree. If there is an ambiguity, the agreement may be reformed to correct a mutual mistake…