Francesca Blackard, Author at Texas Divorce Attorney Blog

Texas Supreme Court Vacates Guardianship Order Involving Procedural Challenges

Published on: April 19, 2026 | by Francesca Blackard

Establishing a guardianship in Texas is an exacting process that requires strict adherence to the Texas Estates Code. Because a guardianship significantly curtails an individual’s legal rights, the legislature has implemented numerous procedural safeguards to protect the proposed ward. A recent decision by the Texas Supreme Court serves as a critical reminder that failing to follow these steps can lead to the eventual vacatur of a court’s order. In the Guardianship of Wyatt Daniel Endicott, No. 25-0456.

Facts of the Case

The underlying dispute involved an application filed by a father, Robert, to be appointed the permanent guardian of his adult son, Wyatt. Robert had served as the custodial parent since 2009, and he sought the guardianship on the basis that Wyatt was incapacitated due to a mental condition, In re Guardianship of Endicott, No. 10-23-00202-CV.

When Divorce Allegations Become Political: Privacy Limits Under Texas Law

Published on: April 5, 2026 | by Francesca Blackard

High-profile divorce proceedings often test the boundary between public access and private dispute resolution. Recent reporting indicates that Ken Paxton’s divorce has been drawn directly into a Texas Senate primary contest, with political opponents referencing allegations that he engaged in multiple extramarital affairs during the marriage.

According to media coverage, the alleged relationships reportedly extended over several years and may have overlapped with his tenure as Attorney General. The reporting also highlights allegations of travel and personal expenditures associated with those relationships. Whether proven or not, these claims illustrate how private marital disputes, once filed, can migrate into public and political discourse.

Public Access to Divorce Records in Texas

Texas Supreme Court Weighs in on Post-Divorce Deferred Compensation

Published on: March 25, 2026 | by Francesca Blackard

Texas law presumes that property possessed during marriage is community property, but that presumption becomes more complicated when compensation is paid after the divorce is finalized. The Texas Supreme Court recently addressed this issue, assessing how courts should analyze deferred compensation and property characterization in divorce proceedings. The decision in In re J.Y.O. illustrates how Texas courts determine whether a bonus paid after a divorce belongs to one spouse individually or must be included in the marital estate.

The Facts of the Case

The dispute in the case arose during a divorce involving a significant employment bonus and a residence that had been acquired before the marriage. The husband received annual discretionary bonuses as part of his company’s compensation structure.

Texas Legislature Increases Statutory Cap for Calculating Child Support

Published on: February 25, 2026 | by Francesca Blackard

Texas child support guidelines are based on a statutory formula tied to the obligor parent’s monthly net resources. These guidelines are designed to create consistent support awards across family courts while allowing trial courts discretion in certain cases.

Beginning September 1, 2025, the Texas Legislature increased the statutory cap used to calculate Texas child support for the first time since 2019. The adjustment to the net resources cap reflects the legislature’s periodic effort to align child support calculations with the economic realities of inflation.

The Net Resources Cap in Texas Child Support

What Can You Appeal in Texas Custody Suits?

Published on: February 1, 2026 | by Francesca Blackard

In a recent Fourth Court of Appeals case, In the Interest of S.I.S.F., the court reviewed a final judgment regarding a geographic residence restriction in a conservatorship case. The trial court imposed a restriction limiting the child’s primary residence to Bexar County and contiguous counties. The mother appealed that restriction, claiming that a child’s domicile should follow that of the custodial parent. The appeals court affirmed, concluding the restriction was consistent with the Texas Family Code regarding the child’s best interests.

The case illustrates the narrow role appellate courts play in Texas family law cases. A party may appeal a final order in a Texas family law case, including conservatorship and possession orders, as in other civil cases. Tex. Fam. Code § 109.002.

Standard of Review in Texas Family Law Appeals

Gray Divorce: A Growing Trend in Texas

Published on: January 30, 2026 | by Francesca Blackard

The trend of couples over age 50 choosing to dissolve long-term marriages, commonly called “gray divorce,” has increased across the United States, and we’re now seeing it here in Texas. Recent demographic data show a growing divorce rate for older Texans, even as overall divorce rates have declined nationwide.

Dividing Property

It’s common for gray divorces to happen after decades of marriage, presenting unique considerations and challenges in the divorce process. These divorces often involve decades of accumulated assets and retirement benefits, and how Texas addresses community property in divorce has a particularly significant impact on long marriages.

Lori Loughlin, Mossimo Giannulli, and the Sale of Real Estate in Texas Divorces

Published on: January 19, 2026 | by Francesca Blackard

Public reporting indicates that actress Lori Loughlin sold a luxury Palm Desert property after announcing her intention to divorce Mossimo Giannulli in 2025. There was no public dispute between Loughlin and Giannulli over the sale of their home, which is notable because our attorneys often see disputes over high-value real estate—whether it should be sold, retained, or awarded to one spouse. These questions frequently fuel property division litigation in Texas divorces.

Texas is a community property state, and trial courts must divide community property in a manner that is “just and right.” A ‘just and right’ division requires the trial court to divide the marital estate equitably. “Just and right”, as established in a Supreme Court of Texas case, Murff v. Murff, does not always mean an equal division, particularly in high-net-worth cases involving complex assets. (Citation: Murff v. Murff, 615 S.W.2d 696, 699 (Tex. 1981).)

Our Texas family law attorneys follow a multi-step process to determine how real estate should be divided upon divorce, and to ensure the fair division of real estate (and other assets) for our clients.

Appeals Court Affirms Conservatorship Ruling after Parent Leaves Courtroom During Proceedings

Published on: January 6, 2026 | by Francesca Blackard

Texas trial courts have broad discretion in conservatorship decisions, particularly when the record reflects that the ongoing conflict between parents isn’t in the best interests of the involved children. In a recent case, the Third Court of Appeals reaffirmed that discretion by upholding a conservatorship ruling despite one parent’s objections to the conduct of the proceedings.

The case involved a contested conservatorship proceeding between a separating husband and wife, co-parents of two young children. Throughout their legal battle, the trial court issued multiple temporary orders addressing conservatorship and possession of the children.

Initially, both parents were named temporary joint managing conservators, but the husband was granted the exclusive right to designate the children’s primary residence. As the parents continued to have challenges, later court orders imposed restrictions on the wife’s possession and visitation rights.

Texas Supreme Court Reverses Default Divorce Decree

Published on: December 28, 2025 | by Francesca Blackard

Sometimes, a spouse may fail to take appropriate action when their spouse has filed for divorce. If the spouse fails to participate in the proceedings, the petitioning spouse may seek a default divorce decree. Texas law disfavors default judgments, and in some cases, a default judgment may be set aside. The Texas Supreme Court of Texas recently considered a case in which the wife sought to set aside a default divorce decree.

The parties had been married for 13 years when the wife moved in with her parents due to alleged mistreatment by the husband. The husband petitioned for divorce and informed the wife that he had done so. The wife testified she did not have money for an attorney and did not know what to do. She said she thought she would be served in person. Her father said they waited for service of process.

According to the appeals court, there were multiple unsuccessful attempts of service over several months, and the trial court ultimately authorized alternative service. The papers were posted on the front door at the wife’s parents’ home, but she did not file a timely answer.

Texas Appeals Court Determines Divorce Judgment Was Rendered Before Death of Husband

Published on: December 22, 2025 | by Francesca Blackard

Generally, if a spouse dies while a Texas divorce case is pending but before the divorce is finalized, the case is dismissed and the marriage is considered to have ended upon death of the spouse. This can have a significant impact on the rights of the surviving spouse regarding children and property. If, however, the court rendered a full and final adjudication before the spouse’s death, then the divorce will be considered final. Thus, when a spouse dies during a divorce case, whether judgment has been rendered can be an issue with significant consequences. In a recent case, a wife challenged a divorce decree rendered after the death of the husband and intervention of his adult daughter.

The husband petitioned for divorce in October 2021. The husband and wife signed a rule 11 agreement, which the appeals court described as “handwritten entries on a printed form.” An exhibit purporting to distributes the assets and liabilities was attached. The husband, the wife, their respective attorneys, and the judge signed the document. The husband’s attorney and the wife’s attorney both withdrew.

The husband passed away in October 2023. The following month, the wife’s new attorney filed a motion to dismiss for want of prosecution, alleging the parties had reconciled after the rule 11 agreement. The trial court dismissed the case.