In a Texas divorce, there is a presumption that property possessed by either spouse during the marriage or at the time of the divorce is community property, unless there is clear and convincing evidence otherwise. Separate property is property that is owned or claimed by one spouse prior to the…
Property division in a Texas divorce must be equitable. In dividing the property, the court may consider amounts from the community estate that a party has dissipated or wasted. In a recent case, a husband appealed the divorce decree arguing that there was insufficient evidence to support the division and…
Sometimes courts make mistakes. When a Texas divorce court makes a clerical error, the court has the power to correct that error for a period of time, generally within 30 days. If the error is not corrected before the court’s plenary power to correct has expired, it may still be…
Modification of a Texas custody order can generally only occur on agreement of the parties or when there is a material and substantial change in circumstances. However, the change in circumstances alone is not sufficient to justify modification, the modification must also be in the child’s best interests. In a…
A Texas divorce case is not always over when the judge signs the final divorce decree. The decree sets forth the property division, but the parties must take action to achieve the division. If party fails to surrender property, the other party may need to file a motion to enforce…
The dispute in a Texas custody case is usually between the child’s parents. In some cases, however, other parties may become involved. In one recent case, the father’s parents got so involved, they intervened in the custody case and the mother filed claims against them. In 2015, the trial court…
When a respondent fails to answer a Texas divorce petition, the petitioner may seek a default judgment granting the divorce. However, unlike in other types of cases, the unanswered allegations in a divorce petition are not deemed confessed. The petitioner must present evidence that supports the material allegations. If the…
Most Texas divorces address property division and custody and visitation issues, where there are children. In some cases, however, there are more unusual issues that must be addressed. In one recent case, a father challenged a court’s order allowing the mother to change the children’s last name from their father’s…
Usually, in a Texas divorce case, both parties know and agree that they were married. In some cases, however, the parties may disagree as to whether there has been an informal marriage. An informal marriage can be proven by showing that the couple agreed to be married, subsequently lived together…
When one parent wants to move away with the child, the court hearing the Texas custody case must determine whether the move is in the child’s best interest. In making its determination, the court needs to consider the public policies set forth in the Texas Family Code. The court may…