In Texas divorce cases, understanding procedure is very important. Missing a deadline can have serious and irreparable consequences. In a recent case, an ex-husband attempted to challenge a clarification order more than four years after it was issued. The trial court signed a final divorce decree in April, 2011. The…
In a Texas divorce case, failure to follow the required procedures can result in the loss of property. Parties should take care to identify all of the property that needs to be divided. Additionally, if the court fails to address certain property in its findings, then the party must follow…
A Texas custody order can generally only be modified if there has been a material and substantial change in circumstances and if the modification is in the child’s best interest. Texas courts have developed a non-exhaustive list of nine factors to be considered to determine the best interest of the…
Domicile is an important legal concept because it establishes where a person has certain legal rights and obligations. A Texas divorce suit requires a party to have been domiciled in Texas for the preceding six-month period and a resident of the county where the suit was filed for the preceding…
Chapter 8 of the Texas Family Code sets forth the circumstances under which a court in a Texas divorce case may order spousal maintenance. Pursuant to section 8.051, the court may order maintenance if the spouse requesting it lacks sufficient property to provide for his or her minimum needs and…
The Fifth Amendment to the U.S. Constitution prevents anyone from being “compelled in any criminal case to be a witness against himself.” A party in a Texas civil case can “plead the Fifth” during discovery to avoid answering questions in a deposition if the party reasonably believes the answer might…
In Texas custody cases, the best interest of the child is to be the primary consideration. In Texas, courts may consider a variety of factors in determining what is in the child’s best interest. These factors include the child’s desires, the child’s current and future physical and emotional needs, any…
Enforcing a child support order against a person who fails or refuses to pay can become time-consuming and expensive. Texas family law provides multiple options for enforcing a child support order. It also allows a person enforcing a child support order to recover reasonable attorney’s fees and costs if the…
Texas recognizes common law marriages. To have a common law marriage, the parties must have agreed to be married, must have lived together as spouses after that agreement, and presented themselves as married. When most people think of common law marriages, they consider couples who were never formally married. However,…
A Texas court generally cannot modify a custody order or parenting plan unless there has been a material and substantial change in circumstances. Sometimes, a parent may seek modification because the other parent’s actions have created a change in circumstances. Texas law provides examples of potential material changes, including marriage…