Evidence

Texas Appeals Court Affirms Divorce Decree Where Appellant Failed to Provide Reporter’s Record

Published on: April 20, 2026 | by Kelly McClure

In Texas family law appeals, procedural compliance is not a technical afterthought; it is often outcome-determinative. A recent Texas Appeals divorce and conservatorship case illustrates a recurring appellate principle: when the record is incomplete, the reviewing court must presume the trial court’s judgment is supported by sufficient evidence, In re Marriage of Ray, No. 12-25-00015-CV (Tex. App.—Tyler 2025). The case serves as a reminder that appellate courts do not retry cases, and they cannot evaluate arguments that are not supported by a complete record.

Factual and Procedural Background

The underlying proceeding involved a divorce and child-related issues concerning B.R. After the trial court entered its final decree, the appellant sought review in the Twelfth Court of Appeals. However, she did not request or file the reporter’s record, which contained the testimony and evidentiary presentations from the trial. That omission defined the scope of appellate review. While the clerk’s record was before the court, it did not include the evidence necessary to evaluate the trial court’s factual determinations.

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.

Supreme Court of Texas Addresses Several Property Division Issues in Divorce Case

Published on: January 14, 2025 | by Francesca Blackard

The Supreme Court of Texas recently considered the property division in a Texas divorce case involving a complex estate, including an outstanding employee bonus, claims of separate property, and a retirement plan.

The parties got married in 2020 and were divorced in late 2019, with litigation regarding the property division continuing beyond the divorce.

Bonus

During the marriage, the husband worked for a large bank. He received an annual cash and stock bonus contingent on the bank’s and his own performance. The bonus was paid around February 15 each year.

Texas Court Reopens Evidence After Custody Trial

Published on: April 29, 2024 | by Kelly McClure

Generally, all evidence in a Texas custody case should be presented at trial. In some cases, however, the court may decide to reopen evidence pursuant to Texas Rule of Civil Procedure 270. In a recent case, a mother challenged the court’s custody order after it reopened evidence following the trial.

The only issue at trial was who would be primary conservator and get child support. The court expressed an intent to give the mother the exclusive right to designate the child’s primary residence at the end of the trial.

The father subsequently moved to reopen evidence, seeking permission to present evidence on the child’s best interest. He argued the mother had presented evidence of a stable relationship with a person identified by the court as “B.J.,” but misrepresented her relationship and he had not way of knowing this information before trial. He argued she testified she and B.J. were in a stable relationship and cohabitating without mentioning a new romantic interest. He argued she had represented her relationship as more stable than his. He argued the court indicated the decision was close and this evidence could have been a deciding factor.

No Violation of Due Process Based on Emails with the Court after Texas Divorce Trial

Published on: October 20, 2023 | by Kelly McClure

Both the Fourteenth Amendment to the U.S. Constitution and the Texas Constitution prohibit the state from depriving a person of a liberty interest without due process of law. Case law has established that parental rights are fundamental liberty interests. Due process generally requires that a person be given a meaningful opportunity to be heard. A mother recently appealed her divorce decree, arguing she was deprived of her due process when the court accepted evidence after trial but before entering the final decree.

According to the appeals court, the child was born in March 2020 and the father filed for divorce the following August. In its ruling, the trial court named the parties joint managing conservators and awarded the father the exclusive right to designate the child’s primary residence within two counties. The final decree divided the marital estate, awarding the father $104,738.93 and the mother $69,825.95 from the sale of the home.

Due Process Claims

The mother appealed, arguing the trial court violated her due process rights by accepting certain evidence after the trial.

Texas Legislative Update

Published on: August 16, 2023 | by Brandon Joseph

During its most recent session, Texas lawmakers adopted and passed several amendments and updates to the Texas Family Code, which were then formally signed into law by the Governor.

These revisions and additions to the Texas Family Code impact numerous areas of family law, including but not limited to: (1) suits for the dissolution of marriage; (2) suits affecting the parent-child relationship; (3) protective orders; and (4) discovery in cases filed under the Texas Family Code.

Ranging from modifications to elements necessary to prove a claim, clarifications to existing codified law, and the removal of automatically triggered disclosure requirements, family law practitioners throughout the State of Texas should familiarize themselves with these changes and how such changes impact their practice.

Texas Appeals Court Reverses Separate Property Characterization in Divorce Case

Published on: February 7, 2023 | by Francesca Blackard

In a Texas divorce, the trial court must divide the estate in a just and right manner, but the division does not have to be equal. Property possessed by either party during or on dissolution of the marriage is presumed to be community property. To rebut the presumption, a party must generally trace the property back to separate property. Without tracing, a party’s testimony they purchased the property with separate funds will generally not be sufficient to rebut the presumption. However, a presumption of separate property arises if a deed includes a separate property recital stating the property is transferred as separate property. If a spouse is party to a transaction, they may not contradict the deed’s express recitals with parol or extrinsic evidence without evidence of fraud, accident or mistake. If a spouse is not party to the transaction, however, they may use parol evidence to contradict the recitals.

A husband recently challenged the characterization of property in his divorce.

Both parties requested a disproportionate share of the community estate. The husband also requested reimbursement based on alleged waste and actual fraud by the wife.

Documentary Evidence in Texas Divorce

Published on: December 31, 2022 | by Francesca Blackard

iStock-1214358087-300x169 Although testimony can be important evidence in a Texas divorce, documentary evidence is needed for some claims. A wife recently challenged a number of issues in her divorce based on insufficiency of evidence.

According to the appeals court’s opinion, the parties acquired several rental properties during their marriage. The husband petitioned for divorce in July 2020. The trial was originally scheduled for October 7, 2020, but the wife moved for a continuance and asked for mediation.

The trial date was reset for April 28, 2021, but the wife moved for another continuance the day before. The trial was rescheduled for May 6, 2021, and she again requested a continuance. The trial court denied the motion.

Evidence Regarding Property Required in Texas Divorce

Published on: November 7, 2022 | by Francesca Blackard

iStock-1214358087-300x169 The division of property in a Texas divorce does not have to be equal, but should be “just and right.” Each party is responsible for providing evidence to show the value of the property so the court can make the division. A Texas appeals court recently considered what happens when parties do not provide information regarding the marital estate.

Conflicting Testimony Regarding Parties’ Relationship at Trial

According to the appeals court’s opinion, the husband was sixty and the wife was twenty-seven when they met and married. According to the husband, he met the wife on an online dating site and went to Monterrey, Mexico to meet her in person in October or November 2007. After spending time with her that night and the next day, the husband came back to the U.S. The wife denied meeting on a dating site and instead said they met at a hotel bar. They communicated via email and the husband visited the wife in Mexico a few more times. They married in February 2008 in Monterrey. The husband testified they did not have sexual relations or go on a honeymoon. He came back to Texas a few days later and the wife stayed in Mexico.

The husband obtained an attorney to get visas for the wife and her son. The visas were denied after an immigration interview in 2008. The husband claimed he had no further relationship or communications with the wife until late 2017 or early 2018 when she contacted him wanting to come to the U.S. He hired an attorney again. The wife obtained a visa in March 2018 and moved to Texarkana. There were substantial differences in the parties’ testimony regarding their relationship while they lived together and the reasons the wife moved to Dallas in 2018.

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

Published on: July 6, 2022 | by Kelly McClure

judge-and-gavel-in-courtroom-171096040-583b48533df78c6f6af9f0e3-300x225 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 connection. Others may not have appropriate devices or know how to use the technology. Another serious issue can be control of the courtroom, including technical issues, distractions, and disruptions by parties or non-parties. In a recent case, a wife challenged a divorce decree because judgment was rendered after the trial was stopped during the presentation of her case.

Divorce Trial Held Over Zoom – and Stopped Abruptly

The divorce case was held over Zoom without a jury. The wife was the first witness, and the husband kept interrupting, often accusing the wife of lying. The trial judge was unable to stop him and ultimately stopped the trial before the wife had finished presenting her case. The trial judge stated she would grant the divorce and divide the property.

The final divorce decree was signed on January 29, 2021. The decree granted the divorce and the wife’s name change. It also divided the assets and liabilities. The wife moved for a new trial, arguing the trial had been stopped early. The husband died less than two months after the decree was signed. The wife subsequently appealed.