In a recent Texas divorce case, the plaintiff appealed from a trial court order related to property division in a divorce. The case arose when a couple signed a mediated settlement agreement that indicated a particular brokerage account would be awarded to the wife. The husband’s attorney drafted the divorce…
Texas Divorce Attorney Blog
Husband Asks for Marriage to be Declared Void in Texas
In a recent Texas divorce case, a husband appealed from a divorce decree. He and his wife married in 2014, and they had a son in the same year. In the following year, he petitioned the court to declare that their marriage was void, claiming that his wife’s prior marriage…
Death Penalty Sanctions in a Texas Divorce
In a recent Texas divorce case, the lower court imposed so-called “death penalty sanctions” against the wife for litigation misconduct. The wife sued for divorce in 2016, and the husband counter-petitioned in the following month. In the counter-petition, the husband pled claims of misapplication of community property, fraud, breach of…
Post-Majority Expenses in Texas Divorce Agreements
In a recent Texas appeal, a father appealed a judgment that awarded the mother post-majority expenses for their child. The case arose from the parents entering into an agreed final decree of divorce and settlement affecting the parent-child relationship. There was a section titled “college education.” In this provision, the…
Duties Owed by Constructive Trustee for Property Awarded to A Spouse in Texas
In a recent Texas divorce case, the court examined a divorce decree that named a husband as constructive trustee of property decreed to the wife. The property at issue was a 50% undivided interest in the shares of an LLC. The dispute in the case was whether the constructive trustee…
Deviation from Standard Possession When Texas Mother Has Mental Health Problems
In a recent Texas appellate case, a mother appealed from a trial court order that limited her possession of her daughter to once a month over one year. The case arose when the Department of Family and Protective Services brought an action for the protection and conservatorship of a couple’s three-year-old daughter. It…
When Does an Uncle Have Standing to Petition for Custody in Texas?
In a recent Texas child custody case, the children’s maternal uncle asked the trial court to name him to be sole managing conservator of the kids. The kids’ father, who was joint managing conservator of the kids when their mother died, moved to dismiss the lawsuit on the basis that…
Petition to Modify Parent-Child Relationship After Texas Divorce
In a recent Texas appellate case, the court considered a divorce in which each parent was appointed joint managing conservator of their three kids. The father was given the exclusive right to designate the kids’ primary residence, and neither parent required supervised access. The father petitioned to modify the parent-child…
Valid Post-Marital Agreement in Texas?
A recent Texas appellate decision arose from the appeal of a divorce. The husband argued that the evidence was not enough to support the jury’s finding of an informal marriage and that it was improper for the trial court to admit hearsay evidence, as well as that an “Agreement in…
Reimbursement in Texas Divorce
In a recent Texas appellate decision, a wife appealed a judgment dividing a community estate between her and her husband. She argued that the trial court should have ordered the husband to reimburse her for certain expenses. The couple had married in 2004 and divorced in 2013. The lower court…