Texas Divorce Attorney Blog

Appeals Court Affirms Conservatorship Ruling after Parent Leaves Courtroom During Proceedings

Published on: January 6, 2026 | by Francesca Blackard

Texas trial courts have broad discretion in conservatorship decisions, particularly when the record reflects that the ongoing conflict between parents isn’t in the best interests of the involved children. In a recent case, the Third Court of Appeals reaffirmed that discretion by upholding a conservatorship ruling despite one parent’s objections to the conduct of the proceedings.

The case involved a contested conservatorship proceeding between a separating husband and wife, co-parents of two young children. Throughout their legal battle, the trial court issued multiple temporary orders addressing conservatorship and possession of the children.

Initially, both parents were named temporary joint managing conservators, but the husband was granted the exclusive right to designate the children’s primary residence. As the parents continued to have challenges, later court orders imposed restrictions on the wife’s possession and visitation rights.

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 Clarifies When a Default Divorce Judgment Can Be Set Aside

Published on: January 1, 2026 | by Kelly McClure

The Supreme Court of Texas has weighed in on the thorny question of when a default divorce judgment should be undone. In a recent case, a husband filed for divorce and sought to serve his wife with divorce papers. At the time, the wife was residing at her parents’ house with their child. After attempts at personal service were unsuccessful, the trial court authorized service by alternative means.

Despite the alternative service, the wife remained unaware that she had been served and did not file an answer. The trial court entered a default divorce decree, dividing the parties’ property.

Motion for New Trial

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 Denies Relocation of Child to England

Published on: December 1, 2025 | by Kelly McClure

To modify a Texas custody order, the parent must show that the modification would be in the child’s best interest and that there has been a material and substantial change in circumstances. Tex. Fam. Code § 156.101(a). The Texas Supreme Court set forth factors to be considered in relocation cases in Lenz v. Lenz. In a recent case, a mother appealed a court’s decision not to remove a geographic restriction to allow her to move with the child to live with her new husband in England.

Under the divorce decree, the mother had the exclusive right to designate the child’s primary residence within El Paso County.

The mother started dating a goalkeeper coach for an English Premier League soccer team. She told the father she planned to move to England and he petitioned for modification to be named primary managing conservator with the exclusive right to designate the child’s primary residence. The mother filed a counter-petition seeking removal of the geographic restriction.

The mother testified she quit her job and her fiancé would support her and the child. She said she intended to move regardless of the court’s decision. She testified the child would have opportunities in Manchester, including private school, after-school programs, and exposure to other cultures. She acknowledged the child asked her father not to “sign off” on the papers for relocation because she did not want to move.

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.