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. …
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…
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…
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…
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…
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…
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…
High net worth divorces and business divorces can often be contentious. In some cases, spouses may allege fraud or other improper actions by the other spouse. There is a presumption of fraud when a spouse disposes of the other’s one-half interest in a community asset without their consent or knowledge.…
A court can modify a Texas custody or visitation order if the modification would be in the child’s best interest and there has been a material and substantial change in circumstances since the prior order was rendered. Tex. Fam. Code § 156.101(a)(1)(A). Whether a material and substantial change in circumstances…
In Texas, property acquired by either spouse during the marriage is presumed to be community property. However, property acquired prior to marriage is not community property. In a recent case, the parties disputed the ownership of a piece of property they bought before marriage. Before the parties married, they bought…