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Texas Divorce Attorney Blog

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Texas Appeals Court Reverses Order with Exclusive Decision-Making and No Geographic Restriction

The relief granted by a court generally must conform to the pleadings of the parties, unless the parties consent to try an issue that was not included in the pleadings.  In a recent Texas custody case, a father appealed a court order that he argued not only did not conform…

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Redistribution of Assets Was Modification and Not Enforcement of Texas Divorce Decree

A trial court may vacate, modify, correct or reform its judgment or grant a new trial within 30 days after the judgment is signed.  Tex. R. Civ. P. 329b.  Additionally, if a party files a timely motion, the trial court has the power to take those same actions until 30…

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Texas Appeals Court Affirms Custody Modification Despite Mother’s Decision Not to Relocate

Texas custody orders commonly include geographic restrictions limiting a parent’s ability to relocate the children outside a specified area.  Regardless of whether there is a geographic restriction, a parent may seek to prevent the other parent from relocating with the children, often through modification of the custody order to either…

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Parties to a Texas Informal Marriage Must Represent Themselves as Married

When a person seeks divorce from an informal marriage, they often must prove the informal marriage existed.  To prove a Texas informal marriage, the party must show by the preponderance of the evidence that the couple agreed to be married, subsequently lived together in Texas as spouses, and held themselves…

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Texas Appeals Court Affirms Supervised Visitation and Other Requirements

In some circumstances, a court may order supervised visitation in a Texas custody case if necessary to protect the child’s health and safety.  Supervised visitation allows the parent and child to maintain their relationship, while protecting he child’s safety.  A father recently appealed a modification order requiring him to comply…

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Texas Appeals Court Reverses Spousal Maintenance Award

Trial courts are permitted to award Texas spousal maintenance in only limited circumstances.  If the spouse meets the eligibility requirements for maintenance, the court must consider a number of factors to determine the nature, amount, and duration.  Tex. Fam. Code § 8.052. Spousal maintenance is limited to the lesser of…

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Texas Court Denies Retroactive Termination of Child Support to Child’s 18th Birthday

A court may retroactively modify a Texas child support order in some circumstances, but it generally may only do so as to child support obligations that accrue after the earlier of the date of service of citation or an appearance in the modification suit.  Tex. Fam. Code 156.401.  A father…

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Texas Appeals Court Vacates Appointment of Receiver as Improper Modification of Property Division

A trial court may not amend, modify, alter or change the substantive property division in a divorce decree after expiration of its plenary power. The court retains jurisdiction, however, to enforce or clarify the property division in the divorce decree.  A former husband recently appealed a trial court’s appointment of…

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