adultery

Texas Default Divorce Judgment Requires Supporting Evidence

Published on: October 24, 2021 | by Kelly McClure

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Sometimes, people served with divorce papers do not respond. They may be unsure what to do or they may not want to face the realities of divorce. Failing to respond will not prevent the divorce, however. If a respondent fails to file an answer to a Texas divorce petition, the court may still grant the divorce through a default judgment. Although the petitioner must submit evidence supporting their material allegations and the property division must still be just and right, the divorce may be granted on terms that are unfavorable to the respondent.

A husband recently appealed a default judgment that granted a divorce on the ground of adultery. The parties married in 2008 and had two children together. They entered into a post-marital agreement in 2018. Under that agreement, if the wife filed for divorce because of the husband’s adultery, she would get conservatorship of the children without a geographical restriction, spousal maintenance, and certain property in which the husband held a separate property interest. The wife petitioned for divorce the next year and alleged adultery. The husband did not file an answer.

Default Judgment is Entered

The wife submitted an affidavit to prove up the divorce that incorporated the post-marital agreement by reference. She asked the court to approve the post-marital agreement as the agreement of the parties. The trial court granted the divorce on the ground of adultery. The husband appealed.

Military Disability Cannot Be Divided by Texas Divorce Court

Published on: May 31, 2021 | by Kelly McClure

iStock-543681178 Under federal law, a court may not treat military disability benefits as community property for purposes of property distribution in a Texas divorce case. A husband recently challenged the property distribution in his divorce decree, arguing the court had improperly divided a portion of his military disability benefits.

Trial Court Divides Husband’s Military Retirement Benefits

The wife petitioned for divorce and sought a majority of the community assets. The court granted the divorce on grounds of insupportability and adultery. The decree gave the wife 55% of the husband’s disposable military retired pay, attorney’s fees, and conditional appellate attorney’s fees. The husband appealed.

The husband contended the 55% of his disposable military retired pay awarded to the wife erroneously included disability payments. The wife, however, argued the award did not include disability benefits and the decree had specifically awarded him his “VA Disability and Social Security Disability benefits” as separate property.

Evidence of Adultery and Drug Use in a Texas Custody Case

Published on: February 14, 2021 | by McClure Law Group

Evidence is important in any case, including a Texas child-custody dispute. In a recent case, a father challenged a trial court’s divorce decree based on the exclusion of certain evidence at trial. iStock-818445486

Texas Court May Order Primary Custodial Parent to Pay Child Support

Published on: December 18, 2020 | by Francesca Blackard

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A court may order one joint managing conservator to pay Texas child support to another joint managing conservator. Tex. Fam. Code Ann. § 153.138. The child’s best interest is the primary consideration in determining child support. There may, therefore, be occasions where a court orders the parent with primary physical custody to nonetheless pay child support to the other parent, when they are both joint managing conservators. A mother recently challenged an order to pay child support when she had been awarded the exclusive right to determine the child’s primary residence.

How Sexually Transmitted Diseases Affect Divorces in Texas

Published on: November 23, 2015 | by Francesca Blackard

By now we are sure everyone has heard the headlines about Charlie Sheen having HIV after he announced it on the Today show last week. Being a divorce attorney, the first thought that came into my head was how mortified his ex-wives Brooke Mueller and Denise Richards must have been after his revelation. In his interview on the Today show, Sheen mentioned that people had been blackmailing him for years threatening to leak the information. Since he couldn’t afford to keep his disease a lie anymore, he disclosed it on live T.V. so the threats would stop.

Now the new threats have arrived- his ex-girlfriends (some who happen to be prostitutes) are claiming they want to see criminal charges brought against him for failing to disclose that he was HIV positive prior to having intercourse with them. Sheen claims he was diagnosed four years ago, but his former girlfriends claim he had symptoms of HIV prior to that time and therefore must have known. According to certain ex-girlfriends, he only used lambskin condoms which only prevent against pregnancy and not STDs. Since these women were not married to Sheen, their relief will come in criminal or civil suits, but what if you’re married and living in Texas and your husband/wife gives you a sexually transmitted disease? Is it grounds for divorce?