According to a recent case from the Texas Court of Appeals in Dallas, a spouse’s secret recording of the other spouse at a time when the other spouse believed he or she was in a private setting can support a tort claim for invasion of privacy. Miller v. Talley Dunn…
What happens to the engagement ring if someone calls off the wedding? Unfortunately, before some engaged couples can make it down the aisle to say “I do”, someone says “I don’t”. The issue of who gets to keep the engagement ring often surfaces during this heartbreaking time. An engagement ring…
In Maher v. Maher, a husband challenged the court’s final divorce decree. He argued, among other things, that the trial court had mischaracterized and misvalued certain assets of the marital estate. The wife had sought the divorce on the grounds that they had discord or personality conflicts. She asked for…
Often times, before commencement of or during a suit for dissolution of marriage, one spouse will commit fraud against the couple’s community estate. Texas law recognizes two types of fraud: (1) constructive fraud; and (2) actual fraud. Constructive fraud claims are based on a breach of fiduciary duty by one…
Burt v. Francis arose from a contentious Texas divorce involving family violence. The trial court dissolved the marriage on May 29, 2014. There were three children. Although the couple had agreed to the terms of the divorce decree, they still fought over their three children. The mother later testified that…
Can a married couple get divorced in Texas while the wife is pregnant? It is highly unlikely. Most Texas courts will not grant a divorce to a married couple if the wife is pregnant. Instead, the couple will have to wait until after the baby is born to finalize their…
In Philips v. Filla, a couple married in 2004 and divorced in 2007. They had one child. When they made their initial custody arrangement during the divorce proceedings, the mother had the exclusive right to designate the child’s primary residence. In 2010, however, they agreed to modify the divorce terms…
In In re Interest of JJFR, a man appealed from the denial of his motion for summary judgment, arguing there was insufficient evidence to prove his partner and he had entered into an informal marriage. In Texas, an informal (or common law) marriage under Texas Family Code §2.401(a)(2) can be proven…
In Ochsner v. Ochsner, the Texas Supreme Court ruled on a child support order that required the father to pay for his daughter’s school and to pay through a registry when she changed schools. The couple had divorced in 2001, and the divorce decree included a child support order. The…
In the 2016 Texas case In re Morris, an appellate court considered a father’s request for a writ of mandamus after the mother and he agreed to the rendition of an order terminating the mother-child relationship. The adjudicated father of the child asked the appellate court to compel the lower court to vacate…