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Articles Posted by Kelly McClure

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Texas Court Finds No Common Law Marriage Existed Despite Representations the Parties Were Married

Texas, unlike many states, still recognizes common law marriage (also known as an “informal” marriage). Unlike with formal marriages, a common law spouse often has to prove that the marriage even existed before getting a divorce.  A party may prove that an informal marriage exists by showing that the parties…

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Texas Court of Appeals Denies Writ to Vacate Order Compelling Therapy

In an ideal situation, child custody may be resolved by agreement, potentially following mediation.  In some cases, however, Texas child custody cases become long protracted affairs with disputes that last for years. A father recently challenged an order that required him to participate and family therapy and restricted his access…

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Texas Appeals Court Affirms Charging Order Against Businesses to Enforce Judgments Arising from Divorce

Unfortunately, former spouses do not always comply with all of their obligations under a Texas divorce decree.  When that happens, the other party may need to take action to enforce those obligations.  A father recently challenged a court order charging his interest in certain business organizations with judgments the mother…

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Ex-Wife Not Required to Repay Ex-Husband for Mortgage Payments After Divorce

Sometimes, couples’ lives remain intertwined even after divorce.  If the parties continue to mingle finances, own property together, or keep or take out loans together after the divorce is final, the divorce may not finally resolve all of their issues. In a recent case, an ex-husband sued his ex-wife regarding…

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Continuing Texas Child Support While Child Pursues High School Diploma

A Texas court may order child support beyond a child’s 18th birthday if the child is still in high school, whether a public school, a private school, or course that provide joint high school and junior college credits.  The child must comply with the minimum attendance requirements in the Education…

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The Texas Supreme Court Orders Continued Remote Hearings and Procedures for the Foreseeable Future

Pursuant to the Texas Supreme Court’s 17th Emergency Order Regarding The Covid-19 State of Disaster, Texas courts may now modify or suspend deadlines for civil and criminal cases, except for child-welfare cases, until September 30. In child-welfare cases, the Texas courts may modify or suspend a deadline or procedure imposed…

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Possession Schedules While on the Front Line of COVID-19

As COVID-19 began to take hold in the United States, Texas and other states took action to ensure that child possession schedules remained in effect and were followed according to court orders. These actions were effective, and as COVID-19 continues to persist in society, parents have adapted to working within…

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