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Texas Divorce Attorney Blog

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Wife Entitled to Share of Husband’s Military Retirement in Texas Divorce

Retirement benefits can be a complex and contentious issue in a Texas divorce case.  Generally, any income earned during marriage is considered community property unless proven to be separate property, including funds contributed to a retirement account or earned as pension benefits.  In a recent case, a husband challenged a…

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Texas Custody Schedule Changed Due to School Absences

A parent’s behavior may affect their rights to access and possession of their child in a Texas custody case.  In a recent case, the trial court’s order provided that the schedule would change if the child had a certain number of unexcused absences or instances of tardiness while in the…

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Texas Appeals Court Finds Property Was Separate Despite Use of Community Funds

In a Texas divorce case, property acquired during the marriage is presumed to be community property. A spouse claiming property is their separate property must show that it is separate by clear and convincing evidence.  Separate property is generally property that is owned before the marriage, property that the spouse…

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Arbitration Provisions in Texas Premarital Agreements

Premarital agreement Some Texas premarital agreements may include a binding arbitration clause. A party may compel arbitration when the claims at issue are within the scope of a valid and enforceable agreement to arbitrate.  If the claim falls within the agreement’s scope and there is no defense to enforcing it,…

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Equitable Property Distribution in Texas Divorce

In a Texas divorce, the court must divide the property in a just and right manner.  The requirement is that the division be equitable, but not necessarily equal. The Texas Supreme Court identified several factors courts should consider in Murff v. Murff. These factors include the parties’ physical conditions, education,…

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Texas Custody Modification Upheld Despite Conflicting Evidence

When a court considers Texas child custody and visitation, the child’s best interest is the primary concern.  The court considers certain factors, including what the child wants, the child’s current and future needs, any danger to the child, the parents’ respective abilities, programs available, the parents’ plans for the child,…

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Texas Grandmother Has Standing to File Custody Suit

In Texas custody cases, it can be very difficult for a non-parent to obtain custody or visitation of a child over the objection of a parent.  In some circumstances, however, a non-parent (such as a grandparent) has the right to file suit seeking custody or visitation.  One such circumstance is…

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Default Judgment in a Texas Divorce Case

When a spouse petitions for a Texas divorce, the other spouse must file an answer.  If the other spouse fails to do so, the court may render a default judgment.  Under certain circumstances, however, the other spouse may get the default judgment overturned.  In a recent case, a husband sought…

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Texas Supervised Visitation

A court must base its decisions regarding custody and visitation primarily on the child’s best interest.  In a recent Texas case, a father challenged a court’s modification of his prior possession order, restricting him to supervised visitation with his daughter. The mother petitioned to be named the child’s sole managing…

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