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Articles Posted in Evidence

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No Violation of Due Process Based on Emails with the Court after Texas Divorce Trial

Both the Fourteenth Amendment to the U.S. Constitution and the Texas Constitution prohibit the state from depriving a person of a liberty interest without due process of law.  Case law has established that parental rights are fundamental liberty interests.  Due process generally requires that a person be given a meaningful…

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Texas Legislative Update

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)…

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Texas Appeals Court Reverses Separate Property Characterization in Divorce Case

In a Texas divorce, the trial court must divide the estate in a just and right manner, but the division does not have to be equal.  Property possessed by either party during or on dissolution of the marriage is presumed to be community property.  To rebut the presumption, a party…

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Documentary Evidence in Texas Divorce

Although testimony can be important evidence in a Texas divorce, documentary evidence is needed for some claims.  A wife recently challenged a number of issues in her divorce based on insufficiency of evidence. According to the appeals court’s opinion, the parties acquired several rental properties during their marriage.  The husband…

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Texas Court Cannot Stop Divorce Trial Without Allowing Parties to Present Their Cases

While videoconferencing technology allowed certain court proceedings to occur and cases to move forward during the pandemic when in-person proceedings were not available, the technology is not without its problems in a court setting.  Some individuals, especially those living in rural areas, may not have access to a strong internet…

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Texas Court Denies Child-Support Increase Despite Father’s Tenfold Salary Increase

In some Texas custody cases, parents may agree to a support order that differs from the child-support guidelines. A Texas appeals court recently considered what evidence was necessary to support a modification when the father’s income had increased significantly since the agreed order. The trial court issued an agreed order…

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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…

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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,…

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