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Texas Divorce Attorney Blog

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Texas Not “Home State” of Child Whose Mother Moved to Illinois During Pregnancy

Texas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), which identifies what state has jurisdiction over custody matters. The UCCJEA generally prioritizes the child’s home state for jurisdiction.   The child’s home state is where they have lived with a parent for the six months before the custody…

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Texas Supreme Court Vacates Divorce Filed by Guardian in High Net Worth Divorce

A Texas marriage may end by either death of a spouse or a court order. Generally, it is clear how a marriage ended, but in some cases, there can be a dispute.  In a recent case, the Texas Supreme Court considered whether a divorce filed by the husband’s guardian resulted…

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Texas Appeals Court Affirms Characterization and Property Division in Texas Divorce

Characterization and valuation of property can be heavily contested issues in Texas divorces, especially in cases involving a high net worth or businesses.  A wife recently challenged the court’s characterization of certain property and property division. The husband petitioned for divorce just a year and eight months after the marriage. …

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Texas Appeals Court Upholds Divorce on Insupportability Ground Despite Evidence of Adultery

In Texas, a court may grant a “no-fault” divorce if the marriage has become insupportable due to “discord or conflict of personalities. . .” Tex. Fam. Code  § 6.001. The court may also grant divorce in favor of a spouse, if the other spouse committed adultery. Tex. Fam. Code §…

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Texas Court Denies Modification to Prevent Mother’s Relocation with Children

Courts may modify a Texas custody order if doing so is in the best interest of the children and there has been a material and substantial change in circumstances of the child or a conservator since the order was rendered.  Tex. Fam. Code § 156.101. In determining the children’s best…

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Characterization of Assets in Accounts with Commingled Funds in Texas Divorce

All property possessed by either spouse at the time of a Texas divorce is presumed to be community property, but this presumption can be rebutted with clear and convincing evidence. Property’s characterization is determined by the inception of title. Separate property retains its separate character if the spouse can rebut…

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Texas Appeals Court Finds Insufficient Evidence of Informal Marriage

Generally, the date of a marriage is certain, but that is often not the case with an informal marriage. The date of marriage affects the characterization of property and therefore a dispute over the date of marriage can significantly impact the property division. A former husband recently appealed a divorce…

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Mother’s Spouse Challenges Adjudication of Biological Father as Child’s Parent in Texas Custody Case

Parental rights of same-sex couples can be complex.  A Texas appeals court recently considered a case in which the mother’s spouse who had been named as a parent on the child’s birth certificate challenged a court order for genetic testing and a subsequent order adjudicating the child’s biological father as…

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Texas Appeals Court Vacates Judgment Giving Grandmother Possession and Access to Grandchildren

A party must establish standing to maintain a lawsuit. If the party does not have standing, the court does not have subject-matter jurisdiction.  The parties cannot waive subject matter jurisdiction. The Texas Family Code sets forth when a non-parent has standing to pursue access or pursue to a child.  A…

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