Close

Articles Posted in husband

Updated:

Texas Court Cannot Stop Divorce Trial Without Allowing Parties to Present Their Cases

While videoconferencing technology allowed certain court proceedings to occur and cases to move forward during the pandemic when in-person proceedings were not available, the technology is not without its problems in a court setting.  Some individuals, especially those living in rural areas, may not have access to a strong internet…

Updated:

Discrepancies Between Texas Divorce Decree and Property-Division Agreement

When parties to a Texas divorce agree to a property division, the final judgment based on the agreement must strictly comply with it.  The trial court cannot add, change, or leave out material terms.  A final judgment based on a property division agreement  must be set aside if it is…

Updated:

Texas Court Finds Alleged Father Time-Barred From Adjudicating Paternity

Under Texas family law, a mother’s husband is presumed to be the father of a child born during the marriage.  This presumption can be rebutted by an adjudication of parentage or by a valid denial of paternity filed by the presumed father along with a valid acknowledgement of paternity filed…

Updated:

Separate Property and Tort Claims in Texas Divorce

Property in the possession of either spouse at the time of dissolution of marriage is presumed to be community property under Texas family law.  A spouse may rebut this presumption by tracing and clearly identifying the separate property. That spouse must present evidence of the time and means of acquisition…

Updated:

Texas Final Divorce Decree Constituted Consent Judgment after Revocation of MSA

“A scroll of a Divorce Decree, tied with a black ribbon on a mahogany desk, with a dead white rose buttonhole from the Wedding Day, with a black pen. Copy space..” A Texas Mediated Settlement Agreement (“MSA”) must generally include language that it is not subject to revocation, be signed…

Updated:

Texas Jury Finds Same-Sex Couple Was Not Informally Married

Texas is among the states that still recognize informal marriage, sometimes called “common-law marriage.” A couple may establish an informal marriage by signing a document entitled “declaration of informal marriage.”  In the absence of a declaration, a party may also prove the existence of a Texas informal marriage through evidence…

Updated:

Texas Divorce Abated Upon Husband’s Death

When a party in a Texas civil lawsuit dies, the case may proceed if the cause of action survives the death of the party. Tex.R.Civ.P. 150. Generally, when the defendant in Texas civil lawsuit dies, the plaintiff may petition for a “scire facias” to require the administrator, executor, or heir…

Updated:

Texas Appeals Court Finds Wife Did Not Convert Inheritance to Community Property

In Texas, separate property can be converted to community property by a written agreement signed by both spouses that identifies the property to be convert and specified it is being converted to community property. Tex. Fam. Code § 4.203.  In a recent case, a former husband challenged the property division…

Updated:

Enforcement of High Net Worth Texas Divorce

When a couple has complex and high-value assets, the actions required to achieve the property division may drag out long after their Texas divorce.  The parties may need to refinance or liquidate certain assets.  These ongoing transactions can result in additional disputes and possibly enforcement actions by one or sometimes…

Updated:

Ex-Wife Entitled to Ongoing Interest in Ex-Husband’s Defined Benefit Retirement Plan

Retirement benefits are often subject to property division in a Texas divorce.  In some cases, calculating the community interest is straight forward; however, in other cases, it can be somewhat more complex.  In a recent case, a former wife challenged a trial court’s handling of the former husband’s retirement benefits…

Contact Us
Start Chat