Divorce

Sealing Your Case in High Net Worth Divorce

Published on: January 3, 2026 | by Kelly McClure

Texas family law proceedings are generally open to the public, but parties in high-net-worth divorces frequently seek to shield sensitive financial and personal information from disclosure. A recent dispute surrounding the divorce records of Texas Attorney General Ken Paxton and Texas Senator Angela Paxton illustrates how courts approach requests to seal family law records when privacy concerns collide with public access.

The Dispute Over Sealed Divorce Records

At the start of their divorce proceedings, the Paxtons requested that their court records be sealed. Media organizations then sought to unseal records from their divorce proceedings on the basis of the public’s interest and governmental accountability.

Texas Supreme Court Reverses Default Divorce Decree

Published on: December 28, 2025 | by Francesca Blackard

Sometimes, a spouse may fail to take appropriate action when their spouse has filed for divorce. If the spouse fails to participate in the proceedings, the petitioning spouse may seek a default divorce decree. Texas law disfavors default judgments, and in some cases, a default judgment may be set aside. The Texas Supreme Court of Texas recently considered a case in which the wife sought to set aside a default divorce decree.

The parties had been married for 13 years when the wife moved in with her parents due to alleged mistreatment by the husband. The husband petitioned for divorce and informed the wife that he had done so. The wife testified she did not have money for an attorney and did not know what to do. She said she thought she would be served in person. Her father said they waited for service of process.

According to the appeals court, there were multiple unsuccessful attempts of service over several months, and the trial court ultimately authorized alternative service. The papers were posted on the front door at the wife’s parents’ home, but she did not file a timely answer.

Military Retirement and Disability in Texas Divorce Settlement

Published on: December 26, 2025 | by Kelly McClure

Parties to a Texas divorce may wish to reach a settlement agreement to avoid protracted litigation and resolve their issues amicably. Divorcing spouses may enter into an agreement incident to divorce pursuant to Tex. Fam. Code § 7.006, which may generally be revised or repudiated at any time before the divorce is rendered. They may also enter into a mediated settlement agreement pursuant to Tex. Fam. Code § 6.002. A mediated settlement agreement under § 6.002 is binding if it includes a prominent statement that it is not subject to revocation and is signed by both parties and their attorneys who are present. In a recent case, a former husband challenged a divorce decree that included language that was not in the parties’ mediated settlement agreement prohibiting him from waiving his military retirement for disability.

The parties executed a mediated settlement agreement (“MSA”) providing that the wife would get 50% of the community portion of her husband’s “net disposable retired pay.”

The wife asked the court to add a provision to the final divorce decree that would prohibit the husband from waiving military retirement pay in exchange for military disability. She asked the court to include language requiring him to reimburse her if he elected to waive retirement pay and receive disability.

Texas Appeals Court Determines Divorce Judgment Was Rendered Before Death of Husband

Published on: December 22, 2025 | by Francesca Blackard

Generally, if a spouse dies while a Texas divorce case is pending but before the divorce is finalized, the case is dismissed and the marriage is considered to have ended upon death of the spouse. This can have a significant impact on the rights of the surviving spouse regarding children and property. If, however, the court rendered a full and final adjudication before the spouse’s death, then the divorce will be considered final. Thus, when a spouse dies during a divorce case, whether judgment has been rendered can be an issue with significant consequences. In a recent case, a wife challenged a divorce decree rendered after the death of the husband and intervention of his adult daughter.

The husband petitioned for divorce in October 2021. The husband and wife signed a rule 11 agreement, which the appeals court described as “handwritten entries on a printed form.” An exhibit purporting to distributes the assets and liabilities was attached. The husband, the wife, their respective attorneys, and the judge signed the document. The husband’s attorney and the wife’s attorney both withdrew.

The husband passed away in October 2023. The following month, the wife’s new attorney filed a motion to dismiss for want of prosecution, alleging the parties had reconciled after the rule 11 agreement. The trial court dismissed the case.

Business Was Not Required to Be Served in Action to Enforce Texas Property Division

Published on: December 15, 2025 | by Kelly McClure

Pursuant to Chapter 9 of the Texas Family Code, a party may file suit to enforce the property division in a divorce decree. If a party’s “rights, duties, powers, or liabilities may be affected” by the enforcement action, they must receive notice by citation. Tex. Fam. Code § 9.001.

A former husband recently challenged court orders resulting from the ex-wife’s enforcement action. The former wife petitioned for enforcement and applied for a turnover order and appointment of a receiver. She alleged she had learned that certain property on Highway 105 owned by a limited liability company was to be sold and was concerned she would not get the share of the net proceeds that had been awarded to her. She asked the court to appoint a receiver to obtain possession of the ex-husband’s property to satisfy the $5,000 judgment for attorney’s fees and to hold the property pending orders of the court distributing the limited liability company ownership or the ex-husbands ownership of any other limited liability company. She also requested a turnover order and related attorney’s fees.

The ex-husband moved for a continuance the day of the hearing. His attorney argued he was served less than ten days before the hearing and the company had not been served. He argued he was not served with a citation for the business and judgment could not be entered without service on the company. He also argued the ex-wife had filed a lis pendens against the company and that the company needed to be served to make an appearance.

Texas Appeals Court Affirms 70/30 Property Division

Published on: December 9, 2025 | by Francesca Blackard

The community estate must be divided in a “just and right” manner in a Texas divorce, but that does not always mean an equal division. In a recent case, a former husband challenged a property division that awarded the wife about 70% of the community estate, along with a money judgment of $365,000.

The parties got married in 1998 and stopped living together in 2021. The husband petitioned for divorce in 2022, alleging insupportability and requesting a disproportionate share of the community estate. The wife also alleged insupportability and adultery by the husband. She also alleged the husband committed fraud on the community estate and requested a disproportionate share of the estate.

The trial court awarded the wife about 70% and the husband about 30% of the community estate.

Texas Court Improperly Granted Summary Judgment that Separate Property Was Converted to Community Property

Published on: November 27, 2025 | by Francesca Blackard

Characterization of property can be a significant issue in a Texas divorce. The Texas Family Code includes a presumption that property owned by a spouse at the time of divorce is community property, but this presumption can be overcome by clear and convincing evidence the property is the spouse’s separate property. Separate property includes property owned by a spouse before the marriage and property inherited during the marriage. In a recent case, a former husband challenged the trial court’s award of certain property to the wife after declaring it had become community property.

The husband owned certain real property before the parties married in July 2020. The wife filed for divorce in December 2021. The wife conceded that property had been the husband’s separate property. In March, 2021, the husband signed a general warranty deed. That deed listed husband, “a single man,” as the grantor and husband, “a married man,” as the grantee, with consideration of 10.00 “and other good and valuable consideration.”

The wife asked the court to grant a partial summary judgment determining the property was converted to community property. She submitted a copy of the deed and an affidavit from her attorney as summary judgment evidence.

Texas Appeals Court Reverses Property Division in High Net Worth Divorce Involving Allegations of Fraud

Published on: November 22, 2025 | by Kelly McClure

High net worth divorces and business divorces can often be contentious. In some cases, spouses may allege fraud or other improper actions by the other spouse. There is a presumption of fraud when a spouse disposes of the other’s one-half interest in a community asset without their consent or knowledge. Cantu v. Cantu. The presumption shifts the burden to the spouse who disposed of the property to show that the transaction was fair. Key v. Key. In a recent case, a former wife appealed issues related to alleged fraud and the property division.

The parties operated a jewelry business during their marriage. The wife petitioned for divorce in January 2019. The parties agreed that the fraud and reconstitution of the community estate issues would go the jury and the property division would be tried by the bench. The jury found that both parties committed fraud on the community. The jury was asked to evaluate the fairness of certain transactions from the wife to her mother and found that the wife unfairly depleted the community estate by $1,269,720.35.

The court determined the reconstituted estate had over $4.5 million in assets and over $470,000 in debts. The court allocated 50.51% of the assets to the wife and 49.49% to the husband. More than half of the assets allocated to the wife was the value of her unfair transactions as determined by the jury. The assets allocated to the husband included properties valued at about $1.9 million and the jewelry business. The court also allocated 70.36% of the debts to the wife. The court also ordered the wife to pay the husband a $131,710 equalization payment. Ultimately, the husband received 55% of the reconstituted estate and the wife 45%.

Wife Granted Portion of Proceeds of Husband’s Separate Property House Purchased Prior to Marriage

Published on: November 9, 2025 | by Kelly McClure

In Texas, property acquired by either spouse during the marriage is presumed to be community property. However, property acquired prior to marriage is not community property. In a recent case, the parties disputed the ownership of a piece of property they bought before marriage.

Before the parties married, they bought a property in Floresville with both names listed as “Grantee” on the warranty deed.

The wife petitioned for divorce in August 2023. She testified that the property was purchased with money from their joint account. She said that proceeds from the sale of a property owned by the husband were in the joint account but said they had both contributed funds to the joint account.

Texas Appeals Court Affirms Divorce Decree Awarding Wife Property Conveyed to Her by Husband

Published on: October 29, 2025 | by Francesca Blackard

Spouses sometimes convey property to each other during the marriage for various reasons. In some cases, those conveyances may become an issue if the couple divorces. In a recent case, a former husband challenged the property division awarding the former wife two pieces of property, even though he had executed deeds conveying those properties to her.

The wife petitioned for divorce in June 2021 after more than 14 years of marriage. She identified a home and a separate plot of land as her separate property. She presented copies of a Special Gift Warranty deed by which the husband’s parents gifted the home to him, a later General Warranty deed by which the husband conveyed the home to the wife, a General Warranty Deed conveying the land to the husband, and a subsequent General Warranty deed conveying the land from the husband to the wife. She identified both properties as her separate property in her Initial Disclosures. The husband did not identify those properties as property he currently owned, separate property, or property against which he had a claim in his discovery responses.

The wife moved for partial summary judgment, asking the court to hold that both properties were her separate properties. She alleged the husband received the home as a gift from his parents, and then conveyed it to her as her separate property. She alleged he bought the land during the marriage and signed a General Warranty Deed conveying it to her in 2020. She argued he conveyed his undivided one-half community interest in the land to her, raising the gift presumption.