When a respondent fails to answer a Texas divorce petition, the petitioner may seek a default judgment granting the divorce. However, unlike in other types of cases, the unanswered allegations in a divorce petition are not deemed confessed. The petitioner must present evidence that supports the material allegations. If the…
Most Texas divorces address property division and custody and visitation issues, where there are children. In some cases, however, there are more unusual issues that must be addressed. In one recent case, a father challenged a court’s order allowing the mother to change the children’s last name from their father’s…
Usually, in a Texas divorce case, both parties know and agree that they were married. In some cases, however, the parties may disagree as to whether there has been an informal marriage. An informal marriage can be proven by showing that the couple agreed to be married, subsequently lived together…
When one parent wants to move away with the child, the court hearing the Texas custody case must determine whether the move is in the child’s best interest. In making its determination, the court needs to consider the public policies set forth in the Texas Family Code. The court may…
A change in Texas custody may be justified even when both parents love and care for the child. A custody modification is appropriate when there is a material and substantial change in circumstances of the parent or child and if the change is in the child’s best interest. Sometimes, changed…
After a court issues a Texas child support order based on an agreement of the parties, the trial court may only modify the order if there has been a material and substantial change in circumstances. If there has been such a change, the court has the discretion to modify the…
When a court divides property in a Texas divorce, it presumes all property possessed by either spouse during the marriage or upon the divorce is community property. Community property is all property acquired by other spouse during the marriage, other than separate property. Separate property is either property owned or…
Parenting is hard. Those three words are enough to capture the entire outlook of parenthood from the moment that the sweet child enters the world. In today’s world, parenting has taken on a number of new issues such as parenting after a divorce, as an unmarried couple; single parenting; and…
A custodial parent sometimes wishes to move away following a Texas child custody case. Although some parents may want to get the child away from the other parent, there are often legitimate reasons for a parent to want to move. The primary consideration in the litigation of relocation issues is…
Courts may award spousal maintenance to provide temporary and rehabilitative support to a spouse who meets specific statutory requirements in a Texas divorce case. Generally, the spouse requesting maintenance cannot have enough property to meet his or her minimum reasonable needs and must meet other statutory requirements. A spouse seeking…