Parties to a Texas divorce or a suit affecting the parent-child relationship may enter a mediated settlement agreement. To be a binding mediated settlement agreement, the agreement must meet certain statutory requirements. If it meets the requirements, the agreement is binding and the parties may obtain a judgment on it.…
A parent can seek enforcement of the custody provisions of a court order through contempt of court. Texas custody attorneys know, however, that contempt is only available if the original order is clear and specific enough to allow the other person to readily know what duties or obligations are expected…
In a Texas divorce, the parties are sometimes able to reach a mediated settlement agreement (MSA). Texas Family Code Section 6.602 sets out the requirements for an MSA to be binding. To be binding the MSA must include a “prominently displayed statement” that it is not subject to revocation. It…
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…