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…
When a couple enters into a Texas pre-marital agreement or post-marital agreement, they may include an arbitration provision in the agreement. Arbitration can be a cost-effective way to resolve disputes, but an arbitration decision often cannot be appealed. In a recent case, a wife appealed a final divorce decree confirming…
One asset that many Texans do not consider their spouse to have an interest in is their 401(k) or any other retirement fund that they have been slowly building during the course of their marriage. Having to divide up your retirement funds may throw a wrench into one’s retirement plans,…
Failing to respond to a Texas divorce petition can result in a default judgment with an unfavorable property division. What happens, though, if the spouse who received the default judgment fails to take action to enforce the property division for several years? A Texas appeals court recently considered a case…
Spousal maintenance (which is commonly compared to other states’ alimony) is a payment from one spouse to another to help the other spouse meet their “minimum reasonable needs” after divorce. A Texas divorce court will determine what is considered to be a spouse’s “minimum reasonable needs,” and can take many…
Parties to a Texas suit affecting the parent-child relationship may enter into a mediated settlement agreement (“MSA”) to resolve one or more issues in their suit. An MSA is binding if it prominently states in bold or underlined font or in capital letters that it is not subject to revocation,…
A family business can complicate the property division in a Texas divorce. A recent case considered whether a husband could compel arbitration to enforce a buyout provision in a company agreement during the divorce proceeding. The parties formed a limited-liability company together during the marriage, with each owning a 50%…
Children’s medical and educational expenses can often be a contentious issue in Texas child-support cases. Parents may disagree on whether treatment is needed, what providers should be used, and whether the child should be in private school. A father recently challenged an order to pay certain medical expenses, arguing the…
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,…
A trial court that has divided property in a Texas divorce must provide written findings of fact and conclusions of law, including how it characterized and valued the assets and liabilities, if a party properly requests them. In a recent case, a husband challenged the court’s refusal to specify the…