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Texas Divorce Attorney Blog

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Texas Court Appoints Receiver in Divorce with Complex Estate and International Assets

During a Texas divorce case, the court may appoint a receiver to preserve and protect the parties’ property. Tex. Fam. Code § 6.502(a)(5).  The receiver’s role is to receive and preserve property for all of the parties, not just the party who applied for a receiver.  Protecting assets can be…

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Texas Appeals Court Affirms Confirmation of Arbitration Award in High Asset Divorce

Parties to a high net worth Texas divorce may choose to arbitrate disputes because arbitration can be less expensive, less contentious, and more private than litigation.  An arbitration award can be difficult to challenge, however. Under the Texas Arbitration Act, a trial court may only vacate an arbitration award based…

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Determining Law Governing Pre-Marital Agreement in High Net Worth Divorce

A pre-marital agreement can be a valuable way to protect assets in a high net worth Texas divorce.  A pre-marital agreement can help protect a spouse’s interest in a business, identify property that will remain separate, or describe how a complex estate will be divided in the event of a…

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Financial Consequences for Engaging in Prohibited Behaviors

Parties in a high profile divorce might want to enter an agreement that goes beyond dividing the property. Celebrities, business owners, or CEOs might seek an agreement that prohibits their former spouse from disclosing private information, disparaging them or their business, or engaging in other behaviors that might damage their…

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Divorce Decree Entered by Submission Thrown Out For Failure of Court to Conduct Trial

In a high net worth divorce, the parties may want to reach an amicable resolution of property division.  In a recent Texas divorce case, a husband challenged the final divorce decree that upheld the parties settlement agreement without giving him notice and a hearing. The parties got married in March…

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Husband’s Inherited Home Confirmed as Separate Property Not Subject to Division in Divorce

The court in a Texas divorce case must divide the parties’ estate in a just and right manner. Tex. Fam. Code § 7.001. Complex estates may include both community and separate property, acquired from various sources.  The court can only divide community property, which is any property acquired by a…

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Court of Appeals Finds No Harm In Trial Court Failing to Submit Mother’s Request for Primary Residence of the Children to Jury

When a parent petitions for modification of a Texas custody order, the parties may raise multiple issues.  In a recent case, a mother challenged a modification order, arguing the trial court had erred in not submitting one of her proposed questions to the jury. Original Modification Proceedings The parties had…

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Texas Court May Classify Attorney’s Fees Awarded in Divorce as Non-Dischargeable in Bankruptcy

“Domestic support obligations” as defined by the U.S. Bankruptcy Code are generally exempt from discharge in bankruptcy.  Therefore, child support or spousal maintenance generally cannot be discharged in bankruptcy and must be paid.  The treatment of other types of awards that may be granted in a Texas divorce, however, may…

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Texas Appeals Court Upholds Custody Order Treating Children Differently

Texas custody cases involving multiple children can be complex, because the children may not have the same needs.  In a recent case, a father challenged a modification that gave the mother rights with regard to the youngest child that he was awarded for the older two children. The parents got…

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Reconstitution of Community Estate Due to Waste or Fraud in Texas Divorce

A court dividing property in a Texas divorce may consider a number of factors, including fraud or waste of community assets by a party. A spouse may commit constructive fraud or waste by unfairly depriving the other spouse of the benefit of community assets.  There is a presumption of constructive…

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