Texas Divorce Attorney Blog

Texas Appeals Court Affirms Disproportionate Property Division Despite Wife’s Adultery

Published on: June 30, 2025 | by Francesca Blackard

A Texas property division must be “just and right,” but that does not necessarily mean equal. A court may consider a party’s fault in the division when determining how to divide the property, but it may not use the property division to punish the at-fault spouse. A former husband recently challenged his divorce decree, arguing in part that the court abused its discretion by not considering the wife’s adultery in its property division.

According to the appeals court, both parties were from India, but the husband was working in Texas prior to the marriage. The parties got married in India in 2004 and wife moved to Texas with the husband. They had two children together.

The husband petitioned for divorce on the grounds of adultery in October 2018. He asked the court to award him the marital residence. In her counterpetition, the wife alleged the husband had committed acts of cruelty. Both parties alleged fraud on the community by the other spouse.

Court Determines Wife’s Spousal Maintenance Should Be Considered

Published on: May 21, 2025 | by Kelly McClure

Tex. Fam. Code § 6.001 allows a court to “grant divorce without regard to fault” if it finds the marriage has become insupportable without “any reasonable expectation of reconciliation. A court may also grant a divorce in favor of one spouse if it finds cruel treatment or adultery by the other spouse. Tex. Fam. Code §§ 6.002 – 6.003. In a recent case, a former wife appealed the divorce decree granting divorce based on insupportability when she argued she had presented sufficient evidence of her husband’s cruel treatment of her. She also challenged the court’s denial of her request for spousal maintenance.

According to the appeals court’s opinion, the parties got married in March 2019 and separated about a year later. The wife accused the husband of choking her and he was arrested. An emergency order of protection prohibited him from going within 200 yards of the parties’ home. A district court ultimately entered a final protective order and found the husband had “committed family violence.” Due to that order, the wife had exclusive use of the home and the husband was ordered to pay the expenses for the home in addition to paying the wife monthly support.

The wife petitioned for divorce. She asserted insupportability and cruelty as alternative grounds for the divorce.

Husband’s Reimbursement Claim For High Dollar Assets Taken After Separation by Wife Denied

Published on: May 14, 2025 | by Francesca Blackard

Reimbursement is an equitable right arises in a Texas divorce when the property of one marital estate is used to the benefit of another marital estate, resulting in unjust enrichment to the benefited estate if not repaid. Tex. Fam. Code § 3.402. A spouse may pursue a reimbursement claim, for example, if community property funds are used to pay the debt for or make improvements to the other spouse’s separate property. The court must apply equitable principles to determine if it will recognize a claim for reimbursement, considering the relative circumstances of both parties and, if the court determines the reimbursement claim is appropriate, it must order a just and right division of the claim for reimbursement, with regard for the rights of the parties and children. Tex. Fam. Code § 7.007. The spouse seeking reimbursement has the burden of proving that the property of one marital estate was used by one or both spouses to benefit another marital estate, the value of that benefit, and that the benefited estate will be unjustly enriched if reimbursement is not required. Tex. Fam. Code § 3.402(b). The trial court has broad discretion in determining reimbursement claims.

In a recent case, a former husband appealed the divorce decree that did not award him reimbursement. The wife petitioned for divorce in 2022, after nearly 50 years of marriage. In his counterpetition, the husband made a claim for reimbursement, but the court did not award him reimbursement in the final divorce decree.

The Husband’s Appeal

The husband appealed, arguing the trial court did not properly apply the law regarding reimbursement of the community estate. The judge stated, “whatever she took with her [in 2016] the marriage was still ongoing . . . . I cannot go back in time and fix that.” The husband argued the court misstated the law.

Texas Appeals Court Upholds Award of Husband’s Retirement Despite Premarital Agreement Terms

Published on: May 8, 2025 | by Kelly McClure

Spouses can agree to change their rights and obligations with regard to property by signing a Texas pre-marital agreement. Premarital agreements, also known as prenuptial agreements, are often used in circumstances involving a high net worth or where one spouse enters the marriage with significantly more assets than the other. While prenuptial agreements can be valuable tools to protect a spouse’s assets, they can also be contentious in the event of a divorce.

A husband recently challenged the property division in his divorce decree, arguing the trial court had not followed the premarital agreement in dividing the parties’ property.

Before the marriage, the parties executed a premarital agreement the husband bought online.

Texas Not “Home State” of Child Whose Mother Moved to Illinois During Pregnancy

Published on: May 5, 2025 | by Francesca Blackard

Texas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), which identifies what state has jurisdiction over custody matters. The UCCJEA generally prioritizes the child’s home state for jurisdiction. The child’s home state is where they have lived with a parent for the six months before the custody proceeding commenced, or if they are less than six months old, where they have lived with a parent since birth.

For a Texas court to have jurisdiction to make an initial child custody determination, Texas must be the child’s home state on the date the proceeding commenced or must have been the child’s home state within six months before the proceeding commenced if the child is absent from Texas but a parent or person acting as a parent still lives in Texas. Tex. Fam. Code § 152.201(a)(1). Texas may also have jurisdiction if another state court does not have jurisdiction or if child’s home state court declined jurisdiction because Texas was a more appropriate forum and the child and the parents, or the child and at least one parent or on person acting as a parent, have a significant connection with Texas and there is substantial evidence in Texas regarding the child. Tex. Fam. Code § 152.201(a)(2). A Texas court may also have jurisdiction if all courts having jurisdiction on the grounds above have declined to exercise it because a Texas court is a more appropriate forum. Tex. Fam. Code § 152.201(a)(3). Furthermore, Texas may have jurisdiction when no other court or any state would have jurisdiction based on the above criteria. Tex. Fam. Code § 152.201(a)(4).

A mother recently challenged a Texas court’s jurisdiction over her child’s custody. According to the appeals court’s opinion, the parties separated while the mother was pregnant and she moved to Chicago before the child was born. The mother filed for divorce in Illinois and the father filed for divorce in Texas. The mother’s petition did not include an issue related to the custody of the unborn child, but the father’s petition did. The child was born in in Illinois after both petitions had been filed.

Texas Supreme Court Vacates Divorce Filed by Guardian in High Net Worth Divorce

Published on: April 27, 2025 | by Kelly McClure

A Texas marriage may end by either death of a spouse or a court order. Generally, it is clear how a marriage ended, but in some cases, there can be a dispute. In a recent case, the Texas Supreme Court considered whether a divorce filed by the husband’s guardian resulted in a valid divorce decree before the husband’s death.

The husband had significant assets. He and his fourth wife signed a pre-marital agreement before the marriage in September 2011 and a post-marital agreement, agreeing no community property would be created and each spouse would keep their separate property unless they transferred it to the other in writing or by a will.

The husband petitioned for divorce after about seven months, but was diagnosed with dementia. He failed to prosecute the case and it was dismissed. His daughter claimed he still wanted the divorce, while the wife alleged he changed his mind.

Texas Appeals Court Affirms Characterization and Property Division in Texas Divorce

Published on: April 20, 2025 | by Francesca Blackard

Characterization and valuation of property can be heavily contested issues in Texas divorces, especially in cases involving a high net worth or businesses. A wife recently challenged the court’s characterization of certain property and property division.

The husband petitioned for divorce just a year and eight months after the marriage. The court’s judgment confirmed certain property as his separate property and divided the community property. The court awarded specific items to each party, and granted a judgment for half the value to the other party, resulting in a generally equal division of the community property. The court also divided cash and bank accounts equally.

The court awarded the wife an equalization judgment of $232,878.85 and the husband an equalization judgment of $56,300. The court also awarded the husband a judgment of $80,000 for his separate property that the court found the wife had converted.

Texas Appeals Court Upholds Divorce on Insupportability Ground Despite Evidence of Adultery

Published on: April 13, 2025 | by Kelly McClure

In Texas, a court may grant a “no-fault” divorce if the marriage has become insupportable due to “discord or conflict of personalities. . .” Tex. Fam. Code § 6.001. The court may also grant divorce in favor of a spouse, if the other spouse committed adultery. Tex. Fam. Code § 6.003. In a recent case, a former wife appealed her Texas divorce decree, which was granted on the ground of insupportability instead of adultery.

According to the appeals court, the parties got married in 2014 and the wife petitioned for divorce in 2022. She alleged insupportability and adultery by the husband as grounds for the divorce and sought a disproportionate share of the community estate. In his counterpetition, the husband alleged insupportability and sought an equal division of the community estate.

Trial

At trial, the wife testified she made more than $100,000 per year in the military but was now receiving about $88,000 from retirement and disability benefits. She said that the parties generally maintained separate finances and separate bank accounts during the marriage, but she primarily paid the bills out of her own account and was reimbursed by the husband for his share. They also had a joint account for bills.

Texas Court Denies Modification to Prevent Mother’s Relocation with Children

Published on: April 7, 2025 | by Francesca Blackard

Courts may modify a Texas custody order if doing so is in the best interest of the children and there has been a material and substantial change in circumstances of the child or a conservator since the order was rendered. Tex. Fam. Code § 156.101. In determining the children’s best interest, courts consider the factors set forth in Holley v. Adams, but the court is not limited to those factors and all of the Holley factors may not apply in each case.

Courts may also place geographic restrictions on the child’s primary residence to ensure children are able to have frequent and continuing contact with their parents. To determine the children’s best interest when one parent wants to relocate, court consider a number of factors set forth in Lenz v. Lenz. A father recently appealed the denial of his modification petition seeking a more limited geographic restriction.

Modification Proceeding

The father petitioned for modification of the parent-child relationship to reduce the statewide geographic restriction to Midland County. Alternatively, he asked the court to modify the relationship as it deemed in the children’s best interest. He also asked for increased travel expenses because the mother had relocated. In her counterpetition, the mother sought to be named the sole managing conservator with the father being named possessory conservator with supervised visitation. They both alleged a material and substantial change in circumstances since the divorce decree was signed and entered.

Characterization of Assets in Accounts with Commingled Funds in Texas Divorce

Published on: March 31, 2025 | by Kelly McClure

All property possessed by either spouse at the time of a Texas divorce is presumed to be community property, but this presumption can be rebutted with clear and convincing evidence. Property’s characterization is determined by the inception of title. Separate property retains its separate character if the spouse can rebut the community presumption by tracing the assets back to separate property. If separate and community property are commingled to an extent that would defy resegregation and identification, it will be presumed to be community property.

A former wife recently appealed the award of funds from a particular account in the divorce decree.

According to the appeals court, the trial court had awarded 60% of the funds in the account to the husband as his separate property. The court found the remainder of the funds were community property and awarded each party half of that amount as their separate property.