Texas divorces can be complicated when other potential jurisdictions are involved. A former husband recently challenged his Texas divorce, arguing the parties had already been divorced in Pakistan. The parties got married in 2009 in Pakistan and subsequently moved to Texas. The husband petitioned for divorce in Dallas County in…
A child custody determination from another state may be registered so it can be enforced in Texas pursuant to Tex. Fam. Code section 152.305. A request must be sent to the Texas state court with a sworn statement the order has not been modified. The requestor must also identify who…
A custody determination issued in another state or country can be registered in Texas. To do so, the party must send a letter requesting registration to the Texas court, along with two copies of the determination, one of them certified, a sworn statement that, to the best of the requester’s…
In a Texas divorce case, property acquired during the marriage is presumed to be community property. A spouse claiming property is their separate property must show that it is separate by clear and convincing evidence. Separate property is generally property that is owned before the marriage, property that the spouse…
Sometimes one or both parents move after a custody order is issued. When parents move, they often want to modify custody and visitation. However, if both parents have moved out of state, issues of jurisdiction may arise. In a recent case, a father sought a Texas custody modification of a…
Texas family law has a strong presumption that it is in the child’s best interest to give custody to a parent. Generally, the court must appoint sole managing conservatorship to the parent instead of a non-parent unless it finds doing so would not be in the child’s best interest due…
Divorce can be complicated when the parties are citizens of different countries. Each party may feel a divorce in the other’s country may be unfair to them. There may be issues regarding jurisdiction. Furthermore, even after one country issues a divorce, the other country may not recognize it. A husband…
Our society is rapidly changing—from technological advances, to medicinal breakthroughs, to the meteoric ascension of the multinational corporation, individuals and communities are forced to adapt to our culture’s fast-paced global expansion. While there are certainly many factors that have contributed to these changes, our ability to communicate instantly across thousands…
There has been a lot of talk in this country lately about recognition of same-sex marriage and same-sex divorce, but what about recognition of foreign divorces? In the melting pot that is the United States of America, divorce from foreign countries and their applicability to Texas family law cases are becoming increasingly…