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…
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…
Spouses sometimes convey property to each other during the marriage for various reasons. In some cases, those conveyances may become an issue if the couple divorces. In a recent case, a former husband challenged the property division awarding the former wife two pieces of property, even though he had executed…
Parties in a Texas high net worth divorce with complex assets may desire to reach an agreement regarding the property division. While an agreement is often intended to avoid further litigation, in some cases three may be ongoing disputes. A former wife recently challenged several declarations made by the trial…
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…
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…
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…
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…
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…
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,…