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Texas Divorce Attorney Blog

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Texas Court Should Have Applied Parental Presumption Even When Parent Lived Outside U.S.

Texas family law has a strong presumption that it is in the child’s best interest to give custody to a parent. Generally, the court must appoint sole managing conservatorship to the parent instead of a non-parent unless it finds doing so would not be in the child’s best interest due…

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Cruel Treatment During Marriage Results in Disproportionate Division of Property

Fault in Divorce Divorces may be granted without fault, but Texas still allows divorce to be granted on fault-based grounds in certain situations.  For example, a Texas divorce may be granted in one spouse’s favor if the other committed “cruel treatment” that makes the parties continuing to live together “insupportable.”…

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Texas Father Entitled to Child Support Credit While Living with the Mother and Children

Many couples attempt to reconcile after breaking up or divorcing.  Moving back in together can effect a parent’s obligation to provide child support.  If the parent who is obligated to pay child support is contributing to the support of the household, he or she may be entitled to a credit…

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Texas Court Finds No Duress in Mediated Settlement Agreement

What is a Mediated Settlement Agreement? A mediated settlement agreement (“MSA”) in a Texas divorce is binding if it meets certain requirements.  It must state that it is not subject to revocation in bold letters, capital letters or underlined text.  It must also be signed by each party and the…

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Texas Court Finds No Common Law Marriage Existed Despite Representations the Parties Were Married

Texas, unlike many states, still recognizes common law marriage (also known as an “informal” marriage). Unlike with formal marriages, a common law spouse often has to prove that the marriage even existed before getting a divorce.  A party may prove that an informal marriage exists by showing that the parties…

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Texas Court May Order Primary Custodial Parent to Pay Child Support

A court may order one joint managing conservator to pay Texas child support to another joint managing conservator.  Tex. Fam. Code Ann. § 153.138.  The child’s best interest is the primary consideration in determining child support.  There may, therefore, be occasions where a court orders the parent with primary physical…

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Texas Court Awarded Guardianship to Aunt Instead of Grandmother

Texas custody disputes usually involve the children’s parents.  When both parents unexpectedly pass away, however, their families may fight over who gets guardianship of the children. Generally, if the parents did not designate a guardian, a grandparent would be awarded guardianship.  If multiple grandparents seek guardianship, then the court will…

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Mexican Premarital Agreement Found Valid and Enforceable in Texas

With such close geographic proximity, the legal issues that arise in a Texas divorce case occasionally transcend our border with Mexico. In a recent opinion, one Texas court explored the intersection between the laws of Mexico and Texas and whether a Mexican premarital agreement is valid and enforceable in Texas.…

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Texas Court of Appeals Denies Writ to Vacate Order Compelling Therapy

In an ideal situation, child custody may be resolved by agreement, potentially following mediation.  In some cases, however, Texas child custody cases become long protracted affairs with disputes that last for years. A father recently challenged an order that required him to participate and family therapy and restricted his access…

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Who Gets the Family Pet in a Divorce?

With an increasing number of couples having children in their 30s, or skipping having children altogether, pets are taking on a whole new role for many Texas couples: a temporary stand-in for children and sometimes even a permanent replacement. As a result, more Texas couples consider their pets to be…

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