A final and unambiguous Texas divorce decree that disposes of all of the marital property generally may not be relitigated. The Texas Family Code allows the trial court to keep continuing subject matter jurisdiction to clarify and enforce the property division, but it cannot change or modify it. In a…
Texas Divorce Attorney Blog
Texas Court Denies Wife’s Request for Name Change in Divorce
In some Texas divorce cases, how a party requests something can determine if they are successful. A wife recently challenged part of the property division and the court’s denial of her name change after a second trial. The appeals court’s opinion states the wife informed the court the parties had…
Texas Child Support for Joint Managing Conservator
Texas family law presumes that is in the child’s best interest for both parents to be appointed joint managing conservators. Tex. Fam. Code § 153.131(b). When the court appoints joint managing conservators, it must give one the exclusive right to decide the primary residence of the child. Tex. Fam. Code…
Texas Appeals Court Upholds Child-Custody Modification
A Texas conservatorship order may be modified if doing so is in the child’s best interest and there’s been a material and substantial change in circumstances. When a parent seeks modification, the other parent may file a counter-petition seeking their own modification. In a recent case, a mother appealed a…
Texas Appeals Court Upholds Requirement of Flexibility in Possession and Access to Older Child
The best interest of the child is the primary consideration in a Texas custody case. Tex. Fam. Code § 153.002. The trial court has broad discretion in determining what is in the child’s best interest. There is a presumption that a standard possession order is in the child’s best interest,…
Attorney’s Fees in Texas Divorce Without Community Property
A couple may choose to enter into a Texas pre-marital agreement to protect their respective assets in the event of a divorce. A pre-martial agreement allows the parties to agree on use, control, and transfer of property, characterization of property or income, disposition of property in a divorce, and a…
Subject-Matter Jurisdiction in Texas Custody Case
Rules and regulations books with official instructions and directions of organization or team. 3d illustration A trial court must have subject-matter jurisdiction over a matter to hear case. Subject-matter jurisdiction in a Texas child custody case is governed by Chapter 152 of the Texas Family Code. Pursuant to Tex. Fam.…
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…
Disability Can Be Established Through Lay Testimony in Texas Spousal Maintenance Case
A Texas court may award spousal maintenance in certain circumstances, including when a spouse lacks sufficient property to provide for their reasonable minimum needs and is unable to earn enough income to provide for those minimum reasonable needs due to an incapacitating disability. Tex. Fam. Code § 8.051. Spousal support…
Dormancy of Texas Divorce Judgment Calculated From Date Payment Obligation Is Triggered
TEX. CIV. PRAC. & REM. CODE § 34.001(a) provides that a judgment becomes dormant if a writ of execution is not issued within 10 years of its rendition. A judgment is dormant, execution may not be issued unless it is revived. A dormant judgment may be revived within two years…