Kelly McClure, Author at Texas Divorce Attorney Blog

Military Retirement and Disability in Texas Divorce Settlement

Published on: December 26, 2025 | by Kelly McClure

Parties to a Texas divorce may wish to reach a settlement agreement to avoid protracted litigation and resolve their issues amicably. Divorcing spouses may enter into an agreement incident to divorce pursuant to Tex. Fam. Code § 7.006, which may generally be revised or repudiated at any time before the divorce is rendered. They may also enter into a mediated settlement agreement pursuant to Tex. Fam. Code § 6.002. A mediated settlement agreement under § 6.002 is binding if it includes a prominent statement that it is not subject to revocation and is signed by both parties and their attorneys who are present. In a recent case, a former husband challenged a divorce decree that included language that was not in the parties’ mediated settlement agreement prohibiting him from waiving his military retirement for disability.

The parties executed a mediated settlement agreement (“MSA”) providing that the wife would get 50% of the community portion of her husband’s “net disposable retired pay.”

The wife asked the court to add a provision to the final divorce decree that would prohibit the husband from waiving military retirement pay in exchange for military disability. She asked the court to include language requiring him to reimburse her if he elected to waive retirement pay and receive disability.

Business Was Not Required to Be Served in Action to Enforce Texas Property Division

Published on: December 15, 2025 | by Kelly McClure

Pursuant to Chapter 9 of the Texas Family Code, a party may file suit to enforce the property division in a divorce decree. If a party’s “rights, duties, powers, or liabilities may be affected” by the enforcement action, they must receive notice by citation. Tex. Fam. Code § 9.001.

A former husband recently challenged court orders resulting from the ex-wife’s enforcement action. The former wife petitioned for enforcement and applied for a turnover order and appointment of a receiver. She alleged she had learned that certain property on Highway 105 owned by a limited liability company was to be sold and was concerned she would not get the share of the net proceeds that had been awarded to her. She asked the court to appoint a receiver to obtain possession of the ex-husband’s property to satisfy the $5,000 judgment for attorney’s fees and to hold the property pending orders of the court distributing the limited liability company ownership or the ex-husbands ownership of any other limited liability company. She also requested a turnover order and related attorney’s fees.

The ex-husband moved for a continuance the day of the hearing. His attorney argued he was served less than ten days before the hearing and the company had not been served. He argued he was not served with a citation for the business and judgment could not be entered without service on the company. He also argued the ex-wife had filed a lis pendens against the company and that the company needed to be served to make an appearance.

Texas Court Denies Relocation of Child to England

Published on: December 1, 2025 | by Kelly McClure

To modify a Texas custody order, the parent must show that the modification would be in the child’s best interest and that there has been a material and substantial change in circumstances. Tex. Fam. Code § 156.101(a). The Texas Supreme Court set forth factors to be considered in relocation cases in Lenz v. Lenz. In a recent case, a mother appealed a court’s decision not to remove a geographic restriction to allow her to move with the child to live with her new husband in England.

Under the divorce decree, the mother had the exclusive right to designate the child’s primary residence within El Paso County.

The mother started dating a goalkeeper coach for an English Premier League soccer team. She told the father she planned to move to England and he petitioned for modification to be named primary managing conservator with the exclusive right to designate the child’s primary residence. The mother filed a counter-petition seeking removal of the geographic restriction.

The mother testified she quit her job and her fiancé would support her and the child. She said she intended to move regardless of the court’s decision. She testified the child would have opportunities in Manchester, including private school, after-school programs, and exposure to other cultures. She acknowledged the child asked her father not to “sign off” on the papers for relocation because she did not want to move.

Texas Appeals Court Reverses Property Division in High Net Worth Divorce Involving Allegations of Fraud

Published on: November 22, 2025 | by Kelly McClure

High net worth divorces and business divorces can often be contentious. In some cases, spouses may allege fraud or other improper actions by the other spouse. There is a presumption of fraud when a spouse disposes of the other’s one-half interest in a community asset without their consent or knowledge. Cantu v. Cantu. The presumption shifts the burden to the spouse who disposed of the property to show that the transaction was fair. Key v. Key. In a recent case, a former wife appealed issues related to alleged fraud and the property division.

The parties operated a jewelry business during their marriage. The wife petitioned for divorce in January 2019. The parties agreed that the fraud and reconstitution of the community estate issues would go the jury and the property division would be tried by the bench. The jury found that both parties committed fraud on the community. The jury was asked to evaluate the fairness of certain transactions from the wife to her mother and found that the wife unfairly depleted the community estate by $1,269,720.35.

The court determined the reconstituted estate had over $4.5 million in assets and over $470,000 in debts. The court allocated 50.51% of the assets to the wife and 49.49% to the husband. More than half of the assets allocated to the wife was the value of her unfair transactions as determined by the jury. The assets allocated to the husband included properties valued at about $1.9 million and the jewelry business. The court also allocated 70.36% of the debts to the wife. The court also ordered the wife to pay the husband a $131,710 equalization payment. Ultimately, the husband received 55% of the reconstituted estate and the wife 45%.

Wife Granted Portion of Proceeds of Husband’s Separate Property House Purchased Prior to Marriage

Published on: November 9, 2025 | by Kelly McClure

In Texas, property acquired by either spouse during the marriage is presumed to be community property. However, property acquired prior to marriage is not community property. In a recent case, the parties disputed the ownership of a piece of property they bought before marriage.

Before the parties married, they bought a property in Floresville with both names listed as “Grantee” on the warranty deed.

The wife petitioned for divorce in August 2023. She testified that the property was purchased with money from their joint account. She said that proceeds from the sale of a property owned by the husband were in the joint account but said they had both contributed funds to the joint account.

Texas Reversal of Temporary Injunction Enjoining Ex-Wife From Filing Lawsuits Related to the Parties’ Company

Published on: October 29, 2025 | by Kelly McClure

The division of a business in a Texas divorce can result in ongoing disputes, even after the divorce is finalized. This can be especially true when one party has control of the business while both parties maintain an ownership interest. A former wife recently appealed a temporary injunction enjoining her from filing lawsuits against the Company and other parties.

The parties divorced in 2019. They owned a corporation and other related entities together, collectively referred to by the appeals court as the “Company.” The divorce decree ordered the sale of the Company, and appointed a separate entity to do the sale.

The ex-wife appealed the property division in the divorce decree, and the appeals court affirmed. She also appealed a take-nothing judgment against her in a lawsuit in which she alleged the ex-husband had engaged in fraud and breach of fiduciary duty. That appeal was still pending at the time of the appeals court’s decision in this matter.

Texas Appeals Court Affirms Characterization of Parental Gift as Separate Property

Published on: October 15, 2025 | by Kelly McClure

The court in a Texas divorce case must divide the estate in a “just and right” manner. Property acquired by either spouse during the marriage, except separate property, is community property. Tex. Fam. Code § 3.002. Separate property includes property acquired by a spouse by gift. Tex. Fam. Code § 3.001. There is a rebuttable gift presumption for property conveyed by a parent to a child. The presumption can be rebutted by clear and convincing evidence that the parent lacked donative intent. A former husband recently challenged characterization of certain property the wife claimed had been gifted to her, as well as a provision stating the wife was entitled to file taxes as head of household, and a number of other issues.

The wife bought a new home in July 1999. She and her father were listed as the grantees on the deed, but the husband put $25,000 down. The parties got married that September and lived in the home. The wife’s father’s interest in the home was transferred to the husband in October 2000.

The husband worked as an engineer when they married but was laid off in 2007. At the time of the trial, he had not had full-time employment since that lay-off. He had received a severance and used it for bills and living expenses until it was depleted. The husband cared for the parties’ young child while the wife worked full time.

Texas Appeals Court Affirms Divorce Decree Awarding Wife Interests in Oil and Gas Wells

Published on: September 28, 2025 | by Kelly McClure

Evidence of property values is necessary for a just and right property division in a Texas divorce. A former husband recently challenged a property division, arguing the court abused its discretion in awarding his former wife a disproportionate share and in denying his motion to reopen the evidence.

The parties got married in 2004 and the wife petitioned for divorce in July 2023. The husband filed a counterpetition. The wife filed an inventory and appraisement in April 2024. The husband, however, failed to make initial disclosures, respond to the wife’s requests for production, or file an inventory and appraisement.

The applicable local rules required parties to file a sworn inventory and appraisement of property, debts, and liabilities at least 30 days before trial. Additionally, the version of Texas Rule of Civil Procedure 194.2 in effect required parties to a divorce to provide certain information in initial disclosures prior to a request for discovery from the other party, but that rule has since been amended.

Texas Appeals Court Upholds Post-Marital Agreement Giving Ex-Husband Millions More than Ex-Wife

Published on: September 15, 2025 | by Kelly McClure

A Texas postnuptial agreement is not enforceable if the party proves that it was not signed voluntarily or that it was unconscionable and they were not given a fair and reasonable disclosure of the other party’s property or financial obligations, did not voluntarily and expressly waive disclosure in writing, and did not have or reasonably could not have had adequate knowledge of the other party’s property or obligations. Tex. Fam. Code § 4.105. A former husband recently challenged a finding the parties’ postnuptial agreement in a high net worth divorce was unenforceable.

The parties married in 1991 and the wife petitioned for divorce in 2019. She voluntarily non-suited that case and the parties signed a postnuptial agreement. The wife filed for divorce again in 2022. She argued the agreement was unconscionable and she had entered into it involuntarily.

According to the appeals court, the evidence showed the husband was not represented by an attorney at the time. The wife emailed him links to websites about postnuptial agreements. The husband testified they drafted an agreement that day. The wife denied being involved with drafting the agreement. The husband testified she told him her attorney would review it and he agreed to reimburse her for the fees. She contacted her attorney at some point and signed the non-suit order. The court granted the non-suit the same day the wife’s attorney filed it. The following day, the parties signed the agreement in front of a notary, but the wife’s attorney was not present.

Ex-Wife Required to Pay Ex-Husband Proceeds from Sale of His Business Interest

Published on: September 9, 2025 | by Kelly McClure

Mediated settlement agreements and Texas agreed divorce decrees are construed according to standard contract interpretation principals. A former wife recently challenged an enforcement order based on her interpretation of the agreed divorce decree.

The parties got married in 2002. The husband had acquired a business interest in the company for which he worked before the marriage. He sold that business interest in 2020, receiving one payment of a million dollars and four additional deposits totaling more than $1.8 million. Those funds were deposited into multiple accounts. Some of the funds had been spent.

The wife petitioned for divorce in May 2021. She withdrew funds from the parties’ accounts to support her children. Although she repaid some of the withdrawn funds, she did not repay all of it.