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Articles Posted by McClure Law Group

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The Fifth Amendment and Death Penalty Sanctions in Texas Divorce

The Fifth Amendment to the U.S. Constitution prevents anyone from being “compelled in any criminal case to be a witness against himself.” A party in a Texas civil case can “plead the Fifth” during discovery to avoid answering questions in a deposition if the party reasonably believes the answer might…

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Proving Separate Property in a Commingled Account in Texas Divorce

Property possessed by either party at the time of a Texas divorce is presumed to be community property.  To show that property was instead separate, the presumption must be rebutted by clear and convincing evidence.  If the assets were not maintained separately from community assets, they must be traced back…

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Court Must Have Evidence of Property Value to Distribute Property in Texas Divorce

The court in a Texas divorce case must divide property in a just and right way.  This does not necessarily mean that property is divided equally between the parties, but the division must be just.  What happens, though, when only one party participates in the divorce proceedings?  A Texas appeals…

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Diligence and Spousal Maintenance in Texas Divorces

In a Texas divorce, the court may award spousal maintenance if the marriage lasted at least 10 years and the spouse seeking maintenance lacks sufficient property to meet his or her minimum reasonable needs and has insufficient earning capability to support herself or himself.  A Texas court recently considered whether…

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When are Temporary Orders Changing Child Custody Appropriate in Texas?

In a recent Texas child custody decision, a mother petitioned complaining about temporary orders that kept her from removing her three youngest kids from the county or any contiguous county in order to establish the kids’ primary residence. The father petitioned to modify the parent-child relationship in October, trying to…

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