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Texas Divorce Attorney Blog

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Texas Court Denies Mother’s Request to Relocate with Child

The best interest of the child is the primary consideration in Texas custody matters, but the courts have identified factors to be considered in determining the child’s best interest in certain circumstances.  A mother recently appealed a court’s denial of her request to remove a geographic restriction, arguing the court…

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Texas Divorce Decree Must Comply with Material Terms of Parties’ Rule 11 Agreement

Insurance agent checking policy documents in office. Parties to a Texas divorce may enter into a Rule 11 agreement to resolve issues in their case.  The agreement must be made in open court and entered into the record, or be in writing, signed, and filed with the court.  A Rule…

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Texas Court Addresses Validity of Post-Nuptial Agreement

While it is not the most comfortable thing to consider before or during the marriage, premarital and postnuptial agreements are critical to establishing each partner’s property and financial rights. Texas law provides a mechanism for couples in a marriage to accomplish the same results that could have been created in…

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How Do Texas Courts Value a Medical Practice During Divorce Proceedings?

Valuing a closely-held medical practice during a divorce in Texas requires a complex understanding of the measures of value, methods of valuation, and Texas statutes. Although business valuations do not adhere to precise mathematical processes, general methods, procedures, and principles exist. In Texas, determining the value of medical practice is…

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Texas Court Rejects Mother’s Request to Modify Relocation Restrictions in Recent Divorce Appeal

When a judge finalizes a Texas divorce involving the custody of children, they will determine which parent has the right to determine where the child will live. However, courts will almost always place certain restrictions on that parent’s ability to relocate. While a relocation restriction may not immediately be an…

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The Potential Property Division Issues That Can Come Up in a Texas High-Net-Worth Divorce

Texas is one of just a handful of states that follows that “community property” doctrine. Under Texas Family Code § 3.003, all property obtained by either spouse during the marriage is presumed to be community property, meaning both spouses have an equal ownership interest. And while disagreements related to how…

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Texas Court Prohibits Parents from Communicating

Texas has a public policy to assure frequent and continuing contact between children and “parents who have shown the ability to act” in the children’s best interest.  Tex. Fam. Code § 153.001(a).  In some circumstances, however, parents are not able to effectively communicate and co-parent.  In a recent case, the…

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Showing a Material and Substantial Change of Circumstances for Texas Custody Modification

A court may modify a Texas custody order if doing so is in the child’s best interest and there has been a material and substantial change in circumstances.  The party seeking modification must show the conditions at the time of the prior order and the subsequent changes.  To determine if…

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Texas Appeals Court Reverses Separate Property Characterization in Divorce Case

In a Texas divorce, the trial court must divide the estate in a just and right manner, but the division does not have to be equal.  Property possessed by either party during or on dissolution of the marriage is presumed to be community property.  To rebut the presumption, a party…

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Texas Trial Court Lacks Jurisdiction to Correct Errors in Retirement Division Years After Decree

A final and unambiguous Texas divorce decree that disposes of all of the marital property generally may not be relitigated.  The Texas Family Code allows the trial court to keep continuing subject matter jurisdiction to clarify and enforce the property division, but it cannot change or modify it.  In a…

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