Articles Posted in Divorce

Texas appellate courts frequently underscore the critical role of financial transparency and credible evidence in divorce proceedings, particularly when child support and property division are contested. In a January 2026 decision, the Fifth District Court of Appeals upheld a Rockwall County trial court’s divorce judgment, emphasizing that digital financial records can outweigh a party’s testimony in determining income and the allocation of community property. Tex. Fam. Code § 3.003.

Factual Background of the Case

The underlying dispute involved a husband and wife regarding child support and the division of marital assets. The husband, unemployed since March 2023, claimed a net monthly income insufficient to justify the trial court’s $1,840 monthly child support award. The wife presented Cash App statements showing over $159,000 in deposits over 14 months.

High-profile divorce proceedings often test the boundary between public access and private dispute resolution. Recent reporting indicates that Ken Paxton’s divorce has been drawn directly into a Texas Senate primary contest, with political opponents referencing allegations that he engaged in multiple extramarital affairs during the marriage.

According to media coverage, the alleged relationships reportedly extended over several years and may have overlapped with his tenure as Attorney General. The reporting also highlights allegations of travel and personal expenditures associated with those relationships. Whether proven or not, these claims illustrate how private marital disputes, once filed, can migrate into public and political discourse.

Public Access to Divorce Records in Texas

Texas law presumes that property possessed during marriage is community property, but that presumption becomes more complicated when compensation is paid after the divorce is finalized. The Texas Supreme Court recently addressed this issue, assessing how courts should analyze deferred compensation and property characterization in divorce proceedings. The decision in In re J.Y.O. illustrates how Texas courts determine whether a bonus paid after a divorce belongs to one spouse individually or must be included in the marital estate.

The Facts of the Case

The dispute in the case arose during a divorce involving a significant employment bonus and a residence that had been acquired before the marriage. The husband received annual discretionary bonuses as part of his company’s compensation structure.

The trend of couples over age 50 choosing to dissolve long-term marriages, commonly called “gray divorce,” has increased across the United States, and we’re now seeing it here in Texas. Recent demographic data show a growing divorce rate for older Texans, even as overall divorce rates have declined nationwide.

Dividing Property

It’s common for gray divorces to happen after decades of marriage, presenting unique considerations and challenges in the divorce process. These divorces often involve decades of accumulated assets and retirement benefits, and how Texas addresses community property in divorce has a particularly significant impact on long marriages.

Even after a divorce decree becomes final, disputes may arise regarding compliance with the decree’s property provisions. In a recent case, the Texas Supreme Court examined whether a trial court properly exercised its jurisdiction under Chapter 9 of the Texas Family Code when enforcing a divorce decree involving community property. Morrison v. Morrison, No. 24-0053 (Tex. Jan. 30, 2026)

The parties’ divorce decree awarded each spouse defined interests in the marital estate, including the marital residence. After the divorce, a dispute arose concerning one spouse’s alleged failure to maintain property awarded under the decree, which ultimately affected the value of the marital home. The aggrieved spouse sought relief in the trial court, alleging a violation of the decree and requesting enforcement.

Enforcement Versus Modification

Public reporting indicates that actress Lori Loughlin sold a luxury Palm Desert property after announcing her intention to divorce Mossimo Giannulli in 2025. There was no public dispute between Loughlin and Giannulli over the sale of their home, which is notable because our attorneys often see disputes over high-value real estate—whether it should be sold, retained, or awarded to one spouse. These questions frequently fuel property division litigation in Texas divorces.

Texas is a community property state, and trial courts must divide community property in a manner that is “just and right.” A ‘just and right’ division requires the trial court to divide the marital estate equitably. “Just and right”, as established in a Supreme Court of Texas case, Murff v. Murff, does not always mean an equal division, particularly in high-net-worth cases involving complex assets. (Citation: Murff v. Murff, 615 S.W.2d 696, 699 (Tex. 1981).)

Our Texas family law attorneys follow a multi-step process to determine how real estate should be divided upon divorce, and to ensure the fair division of real estate (and other assets) for our clients.

Amy Schumer and Chris Fischer have announced on social media that they are divorcing after seven years of marriage. Let’s evaluate the dissolution of this marriage from the perspective of a family law attorney.

Even prior to the marriage, Schumer was an internationally famous comedian. Fischer is successful in his own field as a James Beard Foundation Award-winning chef, though Schumer’s net worth dwarfs Fischer’s at the time of writing. These facts matter when weighing the division of assets and debts, though a more penetrating accounting would be necessary.

It’s unclear whether the couple signed any pre- or post-marital agreements, as they never publicly commented on this facet of their relationship. This question piques our interest because pre-marital agreements, post-marital agreements, and pre-divorce planning simply carry higher stakes in terminations involving high-income spouses with significant assets (and possibly debts) to gain or lose.

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.

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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.

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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.

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