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Texas Divorce Attorney Blog

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Documentary Evidence in Texas Divorce

Although testimony can be important evidence in a Texas divorce, documentary evidence is needed for some claims.  A wife recently challenged a number of issues in her divorce based on insufficiency of evidence. According to the appeals court’s opinion, the parties acquired several rental properties during their marriage.  The husband…

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Disability Can Be Established Through Lay Testimony in Texas Spousal Maintenance Case

A Texas court may award spousal maintenance in certain circumstances, including when a spouse lacks sufficient property to provide for their reasonable minimum needs and is unable to earn enough income to provide for those minimum reasonable needs due to an incapacitating disability.  Tex. Fam. Code § 8.051.  Spousal support…

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Dormancy of Texas Divorce Judgment Calculated From Date Payment Obligation Is Triggered

TEX. CIV. PRAC. & REM. CODE § 34.001(a) provides that a judgment becomes dormant if a writ of execution is not issued within 10 years of its rendition.  A judgment is dormant, execution may not be issued unless it is revived.  A dormant judgment may be revived within two years…

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Texas Child Support Based on Mother’s Evidence When Father Failed to Appear

When a party fails to participate in a Texas custody and child support proceeding, they do not have an opportunity to contest the evidence presented by the other side. The court may render judgment on the evidence presented by the other party.  In a recent case, a mother appealed a…

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Texas Appeals Court Finds Insufficient Evidence for Spousal Support

Texas spousal maintenance is allowed only in limited circumstances, including when the spouse pursuing maintenance is not able to earn sufficient income to provide for their own minimum reasonable needs due to a disability, is not able to earn sufficient income to provide for their minimum reasonable needs after at…

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Court Must Decide Validity and Enforceability of Arbitration Agreement in Divorce Cases

Texas prenuptial agreements may include a provision requiring arbitration in the event of a divorce.  The Texas Family Code includes provisions making arbitration of divorce cases different from the arbitration of other types of cases.  A wife recently sought mandamus relief after the trial court ordered arbitration pursuant to a…

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Geographic Restriction in Texas Custody Case

When the trial court appoints joint managing conservators in a Texas custody case, it must identify who has the right to determine the child’s primary residence with or without a geographic restriction.  Tex. Fam. Code Ann. § 153.134(b). The court must consider the child’s best interest.  The court may also…

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Gifts and Separate Property in Texas Divorce

Property possessed by a spouse during or upon dissolution of the marriage is presumed to be community property.  Clear and convincing evidence that the property is separate is required to rebut that presumption. Wife Asserts Gift from Parties’ Son A husband recently appealed a divorce decree, arguing the trial court…

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