Texas Divorce Attorney Blog

Texas Appeals Court Dismisses Appeal of Order Requiring Ex-Husband to Pay $100,000

Published on: October 8, 2025 | by Francesca Blackard

While ideally, parties to a Texas divorce can resolve matters amicably, some high net worth divorces can lead to years of ongoing litigation. In a recent case, a former husband appealed an order requiring him to pay the former wife $100,000. This appeal was the third appeal arising from the parties’ 2019 divorce.

Both parties had challenged the property division in the original divorce decree. In the first appeal, the appeals court concluded the trial court had mischaracterized certain property, with a difference of more than $1 million to the ex-wife. The appeals court therefore concluded that a mischaracterization of that amount affected the just and right division of the community estate and remanded for a new property division.

The ex-husband appealed the second decree, arguing that there should have been a new trial on remand because several of the properties had changed form since the original decree or no longer existed. He argued the trial court erred when it refused to consider evidence of changes in the property after the divorce. The appeals court rejected this argument, noting that the community assets are generally valued as of the date of the divorce. The trial court could have reasonably determined that the changes could later be addressed in an enforcement proceeding. The appeals court affirmed the 2023 decree.

Texas Appeal Court Affirms Supervised Visitation and Divorce Based on Cruelty

Published on: October 1, 2025 | by Francesca Blackard

A court may grant a Texas divorce based on cruel treatment of one spouse toward the other if it “renders further living together insupportable.” “Cruelty” has been defined in Texas case law as an act endangering or threatening “life, limb or health. . .including. . .any infliction of mental pain or anguish.” Daughtry v. Daughtry. A father recently challenged the decree granting a divorce on the ground of cruelty.

According to the appeals court, the parties married in Cameroon and moved to the U.S. The mother and older child moved to Washington, D.C. while the mother was pregnant with the younger child.

The father petitioned for divorce in December 2022. The mother argued D.C. should have jurisdiction as the children’s home state. The district court found Texas was the older child’s home state, but left the question of jurisdiction over the younger child to a D.C. court. The D.C. Court determined it had jurisdiction and awarded sole custody of the younger child to the mother.

Texas Appeals Court Affirms Divorce Decree Awarding Wife Interests in Oil and Gas Wells

Published on: September 28, 2025 | by Kelly McClure

Evidence of property values is necessary for a just and right property division in a Texas divorce. A former husband recently challenged a property division, arguing the court abused its discretion in awarding his former wife a disproportionate share and in denying his motion to reopen the evidence.

The parties got married in 2004 and the wife petitioned for divorce in July 2023. The husband filed a counterpetition. The wife filed an inventory and appraisement in April 2024. The husband, however, failed to make initial disclosures, respond to the wife’s requests for production, or file an inventory and appraisement.

The applicable local rules required parties to file a sworn inventory and appraisement of property, debts, and liabilities at least 30 days before trial. Additionally, the version of Texas Rule of Civil Procedure 194.2 in effect required parties to a divorce to provide certain information in initial disclosures prior to a request for discovery from the other party, but that rule has since been amended.

Attempted Revocation of Consent to Settlement Agreement Too Late in High Net Worth Texas Divorce

Published on: September 21, 2025 | by Francesca Blackard

A settlement agreement in a Texas divorce can allow the parties an amicable resolution, avoiding lengthy and contentious litigation. In some cases, however, a party may wish to repudiate the agreement or revoke their consent to the agreement. A party may revoke consent to an agreement before rendition of the divorce. See Tex. Fam. Code § 7.006(a). In a recent high net worth divorce case, a former wife challenged the final divorce decree, arguing she had revoked consent to the parties’ settlement agreement.

According to the appeals court, the parties were married for nearly 38 years when they petitioned for divorce. According to the appeals court, the wife’s proposed property division valued the marital estate at more than $5 million. The parties reached an agreement during the trial on April 22, 2024. The trial court stated it would adopt the agreement. It also stated it “will grant [the] divorce based on insupportability and. . .will accept the agreement. . .” After being asked by the husband’s attorney, the court stated it “rendered that today. . .”

Both parties and their attorneys signed a copy of the agreement titled “Judge’s Order” and it was signed by the court and file-marked in April.

Texas Appeals Court Upholds Post-Marital Agreement Giving Ex-Husband Millions More than Ex-Wife

Published on: September 15, 2025 | by Kelly McClure

A Texas postnuptial agreement is not enforceable if the party proves that it was not signed voluntarily or that it was unconscionable and they were not given a fair and reasonable disclosure of the other party’s property or financial obligations, did not voluntarily and expressly waive disclosure in writing, and did not have or reasonably could not have had adequate knowledge of the other party’s property or obligations. Tex. Fam. Code § 4.105. A former husband recently challenged a finding the parties’ postnuptial agreement in a high net worth divorce was unenforceable.

The parties married in 1991 and the wife petitioned for divorce in 2019. She voluntarily non-suited that case and the parties signed a postnuptial agreement. The wife filed for divorce again in 2022. She argued the agreement was unconscionable and she had entered into it involuntarily.

According to the appeals court, the evidence showed the husband was not represented by an attorney at the time. The wife emailed him links to websites about postnuptial agreements. The husband testified they drafted an agreement that day. The wife denied being involved with drafting the agreement. The husband testified she told him her attorney would review it and he agreed to reimburse her for the fees. She contacted her attorney at some point and signed the non-suit order. The court granted the non-suit the same day the wife’s attorney filed it. The following day, the parties signed the agreement in front of a notary, but the wife’s attorney was not present.

Texas Wife Awarded Spousal Maintenance After Assisting Husband’s Real Estate Business

Published on: September 9, 2025 | by Francesca Blackard

The purpose of Texas spousal maintenance is to give temporary support to a spouse whose ability to provide for their own needs has been diminished and who does not have sufficient assets to support themselves. Spousal maintenance may be ordered if the spouse meets certain statutory criteria. For a marriage that has lasted at least 10 years, the court may award maintenance if the spouse has insufficient property and lacks the ability to earn sufficient income to provide for their minimum reasonable needs. Tex. Fam. Code § 8.051(2)(B). Texas has a rebuttable presumption against maintenance unless the spouse has been diligent in earning sufficient income or developing skills to do so while separated and while the divorce is pending. Tex. Fam. Code . § 8.053(a). If the spouse rebuts the presumption, the trial court considers certain statutory factors in determining any maintenance award. Tex. Fam. Code § 8.052. A spousal maintenance award generally cannot exceed the lesser of $5,000 or 20% of the spouse’s average gross monthly income. Tex. Fam. Code § 8.055. A former husband recently challenged a spousal maintenance award to his former wife of over 30 years.

The parties married in 1988. The husband was a real-estate broker and ordained minister. He admitted his pornography addiction and past adultery to the wife in February 2023. The wife subsequently moved in with their daughter.

The wife petitioned for divorce in September 2023 on the grounds of cruelty and adultery. She requested a disproportionate share of the marital estate and spousal maintenance.

Ex-Wife Required to Pay Ex-Husband Proceeds from Sale of His Business Interest

Published on: September 9, 2025 | by Kelly McClure

Mediated settlement agreements and Texas agreed divorce decrees are construed according to standard contract interpretation principals. A former wife recently challenged an enforcement order based on her interpretation of the agreed divorce decree.

The parties got married in 2002. The husband had acquired a business interest in the company for which he worked before the marriage. He sold that business interest in 2020, receiving one payment of a million dollars and four additional deposits totaling more than $1.8 million. Those funds were deposited into multiple accounts. Some of the funds had been spent.

The wife petitioned for divorce in May 2021. She withdrew funds from the parties’ accounts to support her children. Although she repaid some of the withdrawn funds, she did not repay all of it.

Court Grants Ex-Husband’s Request to Divide Ex-Wife’s Colorado Vacation Home 14 Years Post Divorce

Published on: August 27, 2025 | by Francesca Blackard

Property divisions in Texas divorces are intended to be final. Although a party may appeal or seek to enforce a property division, they generally cannot relitigate it in a separate lawsuit. Sometimes, however, the divorce decree does not adjudicate all of the parties’ property. A former spouse may file suit to divide property that was not divided in the decree. Tex. Fam. Code § 9.201.

In a recent case, a former husband filed suit to divide property that he alleged had not been divided in the parties’ 2009 divorce.

According to the ex-husband’s pleading, the parties got married in 1981. He alleged the ex-wife bought property in Colorado while they were married, but that property was not addressed in the 2009 decree because they “agreed to divide the property among themselves later.” He also alleged the ex-wife notified him she would not comply with the agreement in 2023 and transferred the property to someone else. The ex-husband requested clarification that the property in Colorado was community property and asked for a one-half interest in it, along with fees and costs.

Real Estate Lost Separate Property Character When Transferred to LLC

Published on: August 22, 2025 | by Kelly McClure

Real estate investments can lead to complex issues for property division in a Texas divorce, especially if there are co-owners or business entities involved. A former husband recently challenged the property division in his divorce, which characterized certain property as his wife’s separate property and awarded his father-in-law a 50% interest in a piece of real estate.

The parties moved to Texas from the U.K., intending to purchase real estate in Austin. In 2018, the wife’s parents gave her about £250,000, documented as a gift in a letter. The wife put £214,000, which totaled a little over $248,000, into a joint account. The funds were used for 97.19% of the purchase price of a property identified by the court as “the Webberville property.” The purchase and deed were in only the husband’s name based on advice from an immigration attorney.

The parties purchased “the Gunter property” with the wife’s father in late 2019. They did not have a written contract regarding the co-ownership, but the wife’s father testified they agreed he would put 50% down and own 50% of the property. He had signed a letter in November of that year, however, stating the funds he put toward the purchase were a gift with no expectation of repayment. The husband told him having only the couple on the title would facilitate the purchase, but he would amend it to add the wife’s father. The father was not added, but the husband did give him property and loss statements for the property and pay him $14,000 as his share of the rental income.

Court Finds Texas Prenup Did Not Waive Reimbursement Claims Costing Wife over $200,000 in Divorce

Published on: August 14, 2025 | by Francesca Blackard

Texas spouses may agree in writing to partition or exchange some or all of their community property between themselves such that the property becomes the separate property of one spouse. A former wife recently challenged her divorce decree, arguing the trial court erred in awarding a reimbursement claim against her, reducing the spousal maintenance below the amount stated in the parties’ agreement, and including contingencies on the spousal maintenance that were not in the agreement.

According to the appeals court’s opinion, the parties married in 2006. They signed a Marital Property Partition and Exchange Agreement in 2020 that made two pieces of property the wife’s sole and separate property. She agreed to be responsible for the debt associated with them. The husband, however, made some of those payments from his community property income until the date of divorce.

The couple stopped living together in 2022 and the husband petitioned for divorce. The court enforced the agreement, but divided the other property according to the husband’s proposed division.