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Texas Divorce Attorney Blog

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Texas Divorce Court May Base Property Valuation on the Evidence Before It

Texas family law requires a just and right division of community property by a divorce court.   The court must, however, have the relevant information before it to identify and appraise the assets.  A party who refuses to disclose assets or information about their value generally may not complain about the…

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Texas Divorce Court May Award Damages to Wife Where Husband Improperly Withdrew Retirement Funds During Divorce

Under Texas family law, if a party in a divorce case fails to comply with the divorce decree and delivery of the awarded property would no longer be an adequate remedy, the court may render a money judgment for the damages.  Tex. Fam. Code Ann. § 9.010.  A husband recently…

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Texas Appeals Court Upholds Custody Modification Following Alleged Domestic Violence Incident

Texas custody orders may be modified if there has been a substantial and material change in circumstances of either of the parents or the child since the previous order.  The petitioner must prove the circumstances at the time of the previous order as compared to the circumstances at the time…

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Texas Appeals Court Upholds Injunction Prohibiting Child Being in Father’s Girlfriend’s Presence

In some Texas custody cases, the major issue is not the actual custody or visitation.  Sometimes a court may enjoin a parent from allowing a child to spend time with or be in the presence of another person.  Such injunctions can be particularly difficult for the parent if they prohibit…

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Texas Court Denies New Qualified Domestic Relations Order More Than 20 Years After Divorce

A court generally may not amend or change the property division made in a Texas divorce decree.  The court may issue an order to enforce the property division, but such an order may only clarify the prior order or assist in its implementation.  If a court improperly amends or modifies…

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Texas Appeals Court Upholds Modification Allowing Unsupervised Visitation

Sometimes in a Texas custody case, the court may find it appropriate to place certain restrictions on a parent’s access to the children.  In time and with changed circumstances, it may be in the children’s best interest to remove those restrictions to allow the children to spend more time with…

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