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Articles Posted in Marriage

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Texas Court Dismisses Case Seeking to Void Divorce Due to Bigamy

A party may challenge a judgment as void through either a collateral or direct attack. Generally, a Texas divorce decree is only subject to collateral attack if the court lacked jurisdiction over the parties or subject matter.  Other errors must be challenged through a direct attack.  A direct attack can…

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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…

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Who Keeps the Engagement Ring if the Wedding is Called Off?

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…

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Court Emphasizes Importance of Honesty During Collaborative Law Divorce

A Court in Houston recently reinforced the importance of honesty and full disclosure during the Collaborative Law process when it found that a husband potentially committed fraud by failing to disclose changing job circumstances. See Rawls v. Rawls, 2015 WL 5076283 (Tex. App.–Houston [1st Dist.] 2015, no pet.). A husband and…

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The Dallas County Standing Order – Recent Updates

In light of the specific issues that are faced by litigants in family law cases, the District Courts of Dallas County have promulgated a series of orders (collectively the “Dallas County Standing Order Regarding Children, Pets, Property and Conduct of the Parties”) that applies in every divorce suit and every…

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iClouded Judgment

Cloud-based software, such as iCloud from Apple, has made sharing information like pictures, text messages, and communication a breeze. Families often link accounts to share music, pictures, and other media. Apple explains, “Set up iCloud on all your devices. The rest is automatic.”  And when Apple says everything, it means everything.  Lately,…

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In Light of Obergefell v. Hodges Decision, State of Texas Now Ordered to License and Recognize Same-Sex Marriage

Friday, June 26, 2015, was unquestionably a historic day in the realm of family law, constitutional law, and for the country as a whole.  On this day, a majority of the Supreme Court of the United States held that the Fourteenth Amendment of the U.S. Constitution requires a State to…

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RECENT TEXAS CASES INVOLVING THE RECOGNITION OF FOREIGN DIVORCE

There has been a lot of talk in this country lately about recognition of same-sex marriage and same-sex divorce, but what about recognition of foreign divorces?  In the melting pot that is the United States of America, divorce from foreign countries and their applicability to Texas family law cases are becoming increasingly…

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