Texas family law requires a just and right division of community property by a divorce court. The court must, however, have the relevant information before it to identify and appraise the assets. A party who refuses to disclose assets or information about their value generally may not complain about the…
Texas Divorce Attorney Blog
Texas Divorce Court May Award Damages to Wife Where Husband Improperly Withdrew Retirement Funds During Divorce
Under Texas family law, if a party in a divorce case fails to comply with the divorce decree and delivery of the awarded property would no longer be an adequate remedy, the court may render a money judgment for the damages. Tex. Fam. Code Ann. § 9.010. A husband recently…
The Effects of COVID-19 on Child Custody Matters
As cases of COVID-19 are continually popping up in the North Texas region (currently 155 confirmed cases in Dallas County and growing) and with the recent “Stay Home Stay Safe” Order that went into effect at 11:59 PM on March 23, 2020, parents are scrambling to find reliable answers to…
How Will COVID-19 Affect my Possession Schedule?
As COVID-19 (Coronavirus) becomes more and more ingrained as a daily part of our news cycle, its ability to affect our day-to-day lives continues. As of Monday, March 16, a total of 48 public school districts plus several religious academies across North Texas have elected to extend spring breaks until…
Texas Appeals Court Upholds Custody Modification Following Alleged Domestic Violence Incident
Texas custody orders may be modified if there has been a substantial and material change in circumstances of either of the parents or the child since the previous order. The petitioner must prove the circumstances at the time of the previous order as compared to the circumstances at the time…
Texas Appeals Court Upholds Injunction Prohibiting Child Being in Father’s Girlfriend’s Presence
In some Texas custody cases, the major issue is not the actual custody or visitation. Sometimes a court may enjoin a parent from allowing a child to spend time with or be in the presence of another person. Such injunctions can be particularly difficult for the parent if they prohibit…
Texas Court Denies New Qualified Domestic Relations Order More Than 20 Years After Divorce
A court generally may not amend or change the property division made in a Texas divorce decree. The court may issue an order to enforce the property division, but such an order may only clarify the prior order or assist in its implementation. If a court improperly amends or modifies…
Texas Appeals Court Upholds Modification Allowing Unsupervised Visitation
Sometimes in a Texas custody case, the court may find it appropriate to place certain restrictions on a parent’s access to the children. In time and with changed circumstances, it may be in the children’s best interest to remove those restrictions to allow the children to spend more time with…
Texas Appeals Court Upholds Disproportionate Property Distribution
Property division in a Texas divorce must be just and right. In some cases, courts may determine that a disproportionate division of the community assets is just and right. In dividing the property, courts may consider a number of factors, including the ages of the parties and their relative physical…
Texas Court Finds Same-Sex Spouse Is Parent of Child Born to Spouse through Artificial Insemination
Texas family law was written before marriage between same-sex partners was recognized. Many of the statutes are written in gendered terms that do not contemplate the possibility of marriage between same-sex partners or parents who are the same sex. A recent case considered whether the female spouse of a child’s…