Texas Divorce Attorney Blog

Texas Appeals Court Affirms Award of Entire Marital Residence to One Spouse

Published on: June 20, 2026 | by Francesca Blackard

Texas is a community property state, but community property does not have to be divided equally in a divorce, as highlighted in a recent decision from the Third Court of Appeals. In Paez v. Rodriguez, the appellate court affirmed a divorce decree that awarded the parties’ entire marital residence to the wife, despite the husband’s argument that the property should have been sold and the proceeds divided. See Paez v. Rodriguez, No. 03-24-00731-CV, 2025 WL 2325163 (Tex. App.—Austin Aug. 13, 2025, no pet.).

The case serves as a reminder that Texas courts are not required to divide community property on a strict 50-50 basis. Instead, courts must make a division that is “just and right,” taking into account the circumstances of the parties and any children affected by the divorce. Tex. Fam. Code § 7.001.

The Facts and the Trial Court’s Decision

Texas Appeals Court Addresses Conflict-of-Interest Lawsuit Against Divorce Attorney

Published on: June 14, 2026 | by Kelly McClure

Texas courts continue to apply strict standards to attorney conflicts of interest in family law disputes, particularly where an attorney previously represented one spouse, or both spouses, in prior legal matters. A recent opinion from the Third Court of Appeals in Austin highlights how allegations involving prior representation, confidential information, and nondisclosure may support disqualifications in divorce proceedings. Jason Murray Davis and Davis & Santos, P.C. v. Graham Weston, No. 03-22-00378-CV (Tex. App.—Austin Apr. 30, 2026, no pet.).

Background

The underlying dispute arose from divorce proceedings between Graham Weston and Elizabeth Weston. The attorney at issue had previously represented Graham Weston and related business entities over a period of years in matters tied to the family’s financial and corporate interests. The latter representation of Elizabeth Weston in divorce litigation against Graham formed the basis of the conflict allegations. (Graham had previously filed for divorce, then nonsuited the petition and was not represented by Davis during that initial divorce filing.)

Texas Rule 166a Revisions May Accelerate Divorce Litigation Timelines

Published on: June 10, 2026 | by Kelly McClure

The Texas Supreme Court’s March 2026 revisions to Rule 166a of the Texas Rules of Civil Procedure substantially changed summary judgment practice in Texas civil litigation. While the amendments were not directed specifically at family law cases, the procedural changes are expected to affect the pace and management of contested divorce proceedings, particularly those involving property characterization disputes, reimbursement claims, fiduciary-duty allegations, and enforcement actions.

Filing Dates Now Control Summary Judgment Deadlines

Prior versions of Rule 166a tied most deadlines to the hearing date selected by the movant. The revised rule instead measures deadlines from the date the motion itself is filed. Under amended Rule 166a, a response is generally due 21 days after the motion is filed, while the movant’s reply is due seven days later. The court must then set the hearing or submission within designated periods. Tex. R. Civ. P. 166a(d)-(f).

Financial Independence During Marriage Does Not Eliminate Texas Community Property Rights

Published on: June 3, 2026 | by Kelly McClure

A recent article discussing separate bank accounts in marriage focused heavily on emotional and relational dynamics between spouses. The article referenced a Journal of Consumer Research study suggesting that couples who merged finances often reported higher relationship satisfaction than those who maintained separate accounts (though outcomes varied depending on communication patterns and financial transparency within the marriage).

These findings speak to marital dynamics, but Texas divorce law, however, operates under a separate statutory framework that does not turn on how spouses organize day-to-day finances during marriage. This framework frequently surprises spouses who intentionally maintain independent finances throughout the marriage.

Community Property Presumption Under Texas Law

Texas Appellate Court Reverses Joint Custody Award After Family Violence Finding

Published on: May 31, 2026 | by Francesca Blackard

Texas courts have broad discretion in child custody cases, but that discretion is limited by statute when family violence is involved. A recent decision from the Texas Third Court of Appeals illustrates that limitation and reinforces the mandatory language contained in the Texas Family Code regarding conservatorship restrictions after findings of abuse. Tex. Fam. Code § 153.004.

In a recent custody appeal, the Texas Court of Appeals for the Third District reversed portions of a trial court’s conservatorship order after concluding that the record contained findings of family violence inconsistent with a joint managing conservatorship arrangement. The decision reflects a recurring issue in Texas custody litigation: trial courts retain discretion in determining a child’s best interest, but they may not disregard statutory prohibitions governing custody where credible evidence of family violence exists.

Conservatorship Restrictions Under Texas Law

Austin Court of Appeals Affirms Termination of Parental Rights After “No-Merit” Appeal

Published on: May 27, 2026 | by Kelly McClure

Texas appellate courts apply a strict and high standard when reviewing orders terminating parental rights. Once a jury finds statutory grounds for termination under Texas Family Code § 161.001 and the trial court enters judgment supported by clear and convincing evidence, reversal on appeal becomes difficult absent a significant procedural or legal error. Tex. Fam. Code § 161.001(b); In re J.F.C., 96 S.W.3d 256 (Tex. 2002).

A recent decision from the Third Court of Appeals in Austin demonstrates this exacting standard. In B.B. v. Texas Department of Family and Protective Services, the court affirmed a jury verdict terminating a mother’s parental rights after her own appointed appellate counsel filed what is known as an Anders brief, advising the court that no non-frivolous grounds for appeal existed. B.B. v. Texas Department of Family and Protective Services, No. 03-25-00649-CV (Tex. App.—Austin Jan. 8, 2026).

The Jury Findings and the Anders Brief

Forensic Accounting and Complex Texas Property Division

Published on: May 18, 2026 | by Francesca Blackard

In complex divorces involving high-value assets, business entities, and allegations of hidden transfers, the court’s ability to achieve equity often depends entirely on the work of a forensic accountant. A recent decision by the Fifth Court of Appeals demonstrates how Texas courts rely on financial tracing and expert reports to evaluate the integrity of the community estate.

The Facts of the Case

The litigation involved a marriage of twenty-six years and a community estate comprised of diverse business interests and real property. The wife alleged that the husband engaged in a series of asset transfers to third parties to deplete the community estate while the divorce was pending. To address these claims, the court looked to financial tracing, the process of identifying the character and movement of funds through various accounts, to determine if the community had been defrauded.

Interspousal Gifts and Separate Property Under Texas Law

Published on: May 7, 2026 | by Kelly McClure

A fundamental principle of Texas family law is the distinction between community and separate property. While Texas is a community property state, property acquired by a spouse during marriage by gift, devise, or descent is characterized as that spouse’s separate property. Tex. Fam. Code § 3.001(2).

This characterization remains vital even when parties have executed a premarital agreement (PMA) designed to opt out of the community property system entirely. A recent decision from the Dallas Court of Appeals, In the Interest of A.B., illustrates that even a robust “no community property” agreement does not preclude one spouse from transferring their separate property to the other through a valid interspousal gift. No. 05-25-00039-CV, 2026 WL, Tex. App.—Dallas.

Factual Background

Texas Divorce and Business Ownership: When Spouses Are Also Partners

Published on: April 26, 2026 | by Kelly McClure

The dissolution of a marriage involving spouses who serve as co-owners or partners in a closely held business presents unique challenges under Texas law. When marital discord overlaps with corporate governance, the court must navigate the complexities of both the Texas Family Code and the Texas Business Organizations Code. These cases frequently involve high-stakes litigation where the fiduciary duties owed to a business entity intersect with the duties owed to the community estate.

In a recent matter originating in San Antonio, a jury awarded a verdict exceeding $20 million in a dispute involving a prominent automotive dealership partnership. The litigation involved long-term business partners who were also spouses, illustrating the volatility that arises when a professional partnership is entangled with a crumbling marriage.

The dispute centered on allegations of breach of fiduciary duty and the mismanagement of dealership assets during the pendency of the divorce. The divorcing couple has a variety of other lawsuits and countersuits against each other, also awaiting decisions in the Texas court system.

Texas Summary Judgment Rules Undergo Major Overhaul

Published on: April 22, 2026 | by Francesca Blackard

In March 2026, the Texas Supreme Court will implement significant changes to Rule 166a of the Texas Rules of Civil Procedure, altering the landscape of summary judgment practice in Texas courts. These changes, applicable to motions filed on or after March 1, 2026, introduce mandatory timelines and stricter procedural requirements, creating new strategic considerations for litigants in complex civil matters, including high-asset and contested divorces.

Key Amendments to Rule 166a

The new amendments to Texas Rule of Civil Procedure 166a are designed to clarify summary judgment practice and impose strict procedural timelines. The most significant revisions include: