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…
Texas Divorce Attorney Blog
Dre Day: Without a prenuptial agreement, Dr. Dre and his wife, Nicole Young, might see their day in court
As a result of his illustrious career, Dr. Dre’s net worth currently sits at a whopping $820 million – but maybe not for long. After 24 years, Dr. Dre’s wife, Nicole Young, is filing for divorce from the producer, rapper, and hip-hop icon. Reports indicate that the couple did not…
Texas Supreme Court Finds that Parental Presumption Extends to Modification Suits
On June 26, 2020, the Supreme Court of Texas issued a ruling that is sure to have a major impact on future non-parent custody cases in the state of Texas. In the case of In re C.J.C., the Supreme Court of Texas found that the presumption that it is in…
Texas Court Must Transfer Custody Enforcement Action After Child Moves
In a Texas divorce case, the trial court that enters the divorce decree generally maintains continuing and exclusive jurisdiction over the children. In some situations, however, transfer may be appropriate or even required. If a party moves to enforce an order, but the child has resided in another county for…
Can my spouse kick me out of our house or keep me from moving out of our house?
Whether a celebrity or not, we all worry about many of the same core issues when facing a divorce – How do I protect my stuff (money, investments, real property, personal property) and how do I protect the kids. As we have seen with Mary Kate Olsen’s recent divorce, a…
Divorce in Texas after a Pandemic: What to Know
As states begin to emerge from months of lockdown resulting from the COVID-19 pandemic, will there be an increase in divorce filings? This question is of particular interest in Texas, where state and local officials have started the process of easing quarantine restrictions. However, with much uncertainty as to the…
Texas Appeals Court Upholds Denial of Mother’s Petition to Change Custody
It is not uncommon for a non-custodial parent who moves away to seek custody. To change a Texas custody order, the parent must show that the change is in the child’s best interest and that there has been a substantial and material change in circumstances. A mother recently challenged the…
Texas Appeals Court Upholds Order Requiring Father to Pay Mother’s Attorney’s Fees
When a party wants a judgment corrected, he or she generally has to challenge it directly within a specific time frame. In some cases, however, a person may seek to avoid the effect of the judgment through a collateral attack. A voidable judgment becomes final unless it is attacked directly…
The Texas Supreme Court Orders Continued Remote Hearings and Procedures for the Foreseeable Future
Pursuant to the Texas Supreme Court’s 17th Emergency Order Regarding The Covid-19 State of Disaster, Texas courts may now modify or suspend deadlines for civil and criminal cases, except for child-welfare cases, until September 30. In child-welfare cases, the Texas courts may modify or suspend a deadline or procedure imposed…
Best-Interest Factors May Not Be Relevant in Texas Custody Case Where Both Parents Are Fit
In a Texas custody case, the court is not required to give parents equal periods of possession or visitation just because it appoints the parents as joint managing conservators. Tex. Fam. Code § 153.135. The court is also not required to award rights and duties of conservatorship to each parent…