Close

Articles Posted in Divorce

Updated:

Valuation and Separate Property in Texas Divorce

Courts must divide community property in a “just and right” manner in Texas divorce cases.  The property division does not have to be mathematically equal, but should be equitable to both parties.  To achieve a just and right division, the court needs evidence of the value of the assets before…

Updated:

Former Spouse Cannot File New Suit for Division of Property Disposed of in Texas Divorce

A trial court may order a post-divorce division of community property that was not divided or awarded to either spouse in a Texas divorce decree. Tex. Fam. Code § 9.201.  The court may not, however, order a post-divorce division of property that was already divided in the divorce. The legal…

Updated:

Evidence of Separate Property in Texas Divorce Cases

Texas law presumes that property possessed by a spouse during or on dissolution of the marriage is community property.  Tex. Fam. Code § 3.003.  The presumption can only be rebutted by clear-and-convincing evidence the property is separate. In a recent case, a husband challenged the characterization and distribution of property…

Updated:

Is it Possible to Keep Your 401(k) in Your Divorce?

One asset that many Texans do not consider their spouse to have an interest in is their 401(k) or any other retirement fund that they have been slowly building during the course of their marriage. Having to divide up your retirement funds may throw a wrench into one’s retirement plans,…

Updated:

Texas Appeals Court Enforces Property Distribution Years After Default Divorce

Failing to respond to a Texas divorce petition can result in a default judgment with an unfavorable property division.  What happens, though, if the spouse who received the default judgment fails to take action to enforce the property division for several years?  A Texas appeals court recently considered a case…

Updated:

What is Spousal Maintenance and When is it Awarded?

Spousal maintenance (which is commonly compared to other states’ alimony) is a payment from one spouse to another to help the other spouse meet their “minimum reasonable needs” after divorce. A Texas divorce court will determine what is considered to be a spouse’s “minimum reasonable needs,” and can take many…

Updated:

Texas Divorce Court Must Compel Arbitration of Dispute Regarding Buyout Provision of Company Agreement

A family business can complicate the property division in a Texas divorce. A recent case considered whether a husband could compel arbitration to enforce a buyout provision in a company agreement during the divorce proceeding. The parties formed a limited-liability company together during the marriage, with each owning a 50%…

Updated:

Texas Default Divorce Judgment Requires Supporting Evidence

Rules and regulations books with official instructions and directions of organization or team. 3d illustration Sometimes, people served with divorce papers do not respond.  They may be unsure what to do or they may not want to face the realities of divorce.  Failing to respond will not prevent the divorce,…

Updated:

Compelling Texas Divorce Court to Specify Property Valuation

A trial court that has divided property in a Texas divorce must provide written findings of fact and conclusions of law, including how it characterized and valued the assets and liabilities, if a party properly requests them. In a recent case, a husband challenged the court’s refusal to specify the…

Updated:

Ex-husband Denied Share of Ex-Wife’s Military Retirement Years After Texas Divorce

Many assets divided in a Texas divorce are distributed during or soon after the divorce, but some assets, such as retirement benefits, may not be distributed for many years. Issues involving retirement benefits may continue or arise several years after the divorce is final. A Texas appeals court recently decided…

Contact Us
Start Chat