In Texas spousal maintenance cases, the trial court has wide discretion in dividing the estate. The court may divide the property unequally if there is a reasonable basis to do so. It may consider a number of factors, including the capacities and abilities of each spouse, benefits the spouse who…
Texas Divorce Attorney Blog
Modification of a Texas Custody Order
To provide some stability for children, Texas allows for the modification of a conservatorship order only if the modification is in the child’s best interest, and there has been a material and substantial change in the circumstances of the child, a conservator, or another party affected by the order. Texas…
Name Change of a Minor in Texas After Paternity Dispute
In a recent Texas paternity decision, the court considered the name change of a minor. The child’s mother and father married in 2012. The mother was a real estate agent and kept using her original last name as her last name during the marriage. She listed her name on real…
Modification of Child Custody Travel Provision in a Texas Case When There’s an Abduction Risk
In a recent Texas child custody case, a father challenged the modification of conservatorship of a former couple’s child. The modification allowed the mother to go abroad with their child. The case arose when the mother moved to modify the divorce decree, which had appointed her and her ex-husband as…
Wasting of Community Assets in Texas
After a Texas divorce, the husband appealed the lower court’s division of marital property. He argued that there wasn’t enough evidence to support the lower court’s finding that he’d wasted community assets in the amount of about $800,000. The couple were married in 1968. The husband left the marital home…
When are Temporary Orders Changing Child Custody Appropriate in Texas?
In a recent Texas child custody decision, a mother petitioned complaining about temporary orders that kept her from removing her three youngest kids from the county or any contiguous county in order to establish the kids’ primary residence. The father petitioned to modify the parent-child relationship in October, trying to…
Divorce Involving Eight Kids and Domestic Violence Allegations
In a recent Texas domestic violence decision, the plaintiff appealed from the lower court’s judgment granting his divorce petition. The couple had married in 1999 and had eight kids. After 15 years of marriage, the husband sued for divorce. At the divorce trial, the primary issue was who should have…
Right to Designate Residence of Texas Child
In a recent Texas child custody decision, the court considered a situation in which the mother was given the exclusive right to designate the daughter’s primary residence within Tarrant County, Collin County, or a contiguous county to the latter. In a modification order, the court gave the father the exclusive…
Requests to Modify Spousal Maintenance in Texas
In a recent Texas alimony decision, an ex-husband appealed the granting of spousal maintenance to his ex-wife. The couple had married in 2005. The man sued for divorce 10 years later. The woman claimed that the formal marriage had occurred in 2005, but they had married in 1999 when she…
Proving Separate Property Interests in Texas
In a recent Texas property division case, an ex-husband appealed a final divorce decree on the basis of five issues. The case arose when a couple married in 1992. The wife filed for divorce in 2013, claiming the husband had cheated on her. She asked for a disproportionate share of…