During its most recent session, Texas lawmakers adopted and passed several amendments and updates to the Texas Family Code, which were then formally signed into law by the Governor. These revisions and additions to the Texas Family Code impact numerous areas of family law, including but not limited to: (1)…
In some Texas custody disputes, a parent may want the court to hear an older child’s preferences regarding conservatorship or possession. Upon application of a party in a suit affecting the parent-child relationship, the court is required to interview a child 12 or older in chambers to determine their wishes…
A trial court generally cannot grant relief that was not requested by the parties in a Texas family law matter. Relief must generally conform to the pleadings, though in some cases an issue may be tried by consent of the parties. A mother recently challenged a trial court’s order changing…
On December 23, 2020, the Texas Supreme Court finalized its amendments to the discovery rules set forth in the Texas Rules of Civil Procedure. The changes to the discovery rules will undoubtedly impact family law cases filed on or after January 1, 2021. Of the amendments, the mandate that certain…
In a recent Texas divorce case, the lower court imposed so-called “death penalty sanctions” against the wife for litigation misconduct. The wife sued for divorce in 2016, and the husband counter-petitioned in the following month. In the counter-petition, the husband pled claims of misapplication of community property, fraud, breach of…
Alex Graves, award-winning director of “The West Wing” recently finalized his divorce from his wife of 19 years. Pursuant to the final order, the spouses’ property was divided evenly. Does the State of Texas mandate a fifty-fifty division of property upon divorce? The short answer is “no.” The State of…
The Texas legislature has taken a strong stance against family violence. Title IV of the Texas Family Code codifies the injunctive remedy of Family Violence Protective Orders. In Texas, an Applicant for a Title IV Protective Order must first satisfy the venue requirements and have a qualifying relationship with the…
The legalization of same-sex marriage may only be a few months old, but Texas’ informal marriage laws may provide for marriage recognition dating back decades. On June 26, 2015 the United States Supreme Court issued its ruling in Obergefell v. Hodges, legalizing same-sex marriage in every state of the Union.…