International marriages can lead to complex divorces, especially in regards to child custody. In a recent Texas divorce case, a mother appealed a decree that awarded the father the exclusive right to designate the child’s primary residence. According to the appeals court, the parties married while the father was stationed…
Texas Divorce Attorney Blog
Texas Appeals Court Affirms Disproportionate Property Division Despite Wife’s Adultery
A Texas property division must be “just and right,” but that does not necessarily mean equal. A court may consider a party’s fault in the division when determining how to divide the property, but it may not use the property division to punish the at-fault spouse. A former husband recently…
Court Determines Wife’s Spousal Maintenance Should Be Considered
Tex. Fam. Code § 6.001 allows a court to “grant divorce without regard to fault” if it finds the marriage has become insupportable without “any reasonable expectation of reconciliation. A court may also grant a divorce in favor of one spouse if it finds cruel treatment or adultery by the…
Husband’s Reimbursement Claim For High Dollar Assets Taken After Separation by Wife Denied
Reimbursement is an equitable right arises in a Texas divorce when the property of one marital estate is used to the benefit of another marital estate, resulting in unjust enrichment to the benefited estate if not repaid. Tex. Fam. Code § 3.402. A spouse may pursue a reimbursement claim, for…
Texas Appeals Court Upholds Award of Husband’s Retirement Despite Premarital Agreement Terms
Spouses can agree to change their rights and obligations with regard to property by signing a Texas pre-marital agreement. Premarital agreements, also known as prenuptial agreements, are often used in circumstances involving a high net worth or where one spouse enters the marriage with significantly more assets than the other. …
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…
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…
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. …
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 §…
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…