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Articles Posted in Divorce

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Texas Appeals Court Husband Did Not Overcome Community Presumption in Divorce

Community property is the property acquired by other spouse during the marriage, except separate property.  Tex. Fam. Code § 3.002.  Separate property is generally that property the spouse owned or claimed prior to the marriage, property acquired by gift, devise, or descent during the marriage, and personal injury recoveries with…

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Texas Court Rejects Wife’s Argument Husband Sold Commercial Goodwill

The court must divide marital property in a just and right manner in a Texas divorce.  In some cases, the parties only have tangible or clearly identifiable assets such as real estate and back accounts.  In other cases, however, there may be more abstract assets involved.  A former wife recently…

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Texas Post-Judgment Qualified Domestic Relations Order

When retirement accounts are an issue in a Texas divorce, the court will generally issue a Qualified Domestic Relations Order (“QDRO”).  A QDRO is an order that creates, recognizes, or assigns rights of an alternate payee to receive benefits from another person’s retirement plan.  Although a QDRO is often issued…

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Texas Divorce Involving Adultery

Although Texas has recognized no-fault divorce since 1970, it also still recognizes fault-based divorce on grounds including adultery, cruelty, and conviction of a felony. Proving an at-fault ground for divorce can affect property division, spousal maintenance, and other matters in a divorce. A spouse seeking divorce based on adultery must…

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Texas Appeals Court Reverses Restitution and Reconstitution of Community Estate

A party to a Texas divorce is entitled to reimbursement to the marital estate when community time, labor, or skills are used to benefit the other party’s separate estate beyond what is needed for maintenance of the separate property.  The trial court has broad discretion to apply equitable principles.  A…

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