Texas Divorce Attorney Blog

Lori Loughlin, Mossimo Giannulli, and the Sale of Real Estate in Texas Divorces

Published on: January 19, 2026 | by Francesca Blackard

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.

What the Amy Schumer Divorce Highlights About Planning for Texas Divorces

Published on: January 10, 2026 | by Kelly McClure

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.

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.