Texas Divorce Attorney Blog

Enforcing Post-Mortem Property Divisions

Published on: April 16, 2026 | by Kelly McClure

The recent and prolonged litigation between the estate of the late actress Shannen Doherty and her former spouse, Kurt Iswarienko, is a real-world example of the survival of property claims following a party’s death. While Doherty signed her divorce settlement just one day before her passing in July 2024, the legal battle did not conclude with her death. Instead, her estate was forced to initiate litigation to enforce the terms of that agreement, divorce decree, including the sale of a shared property in Dripping Springs, Texas. The court’s finding shows that a signed settlement creates enforceable contractual rights that survive the decedent.

In Texas, while the death of a spouse generally abates a pending divorce, the existence of a signed, binding agreement or a rendered judgment fundamentally alters the jurisdictional landscape, shifting the matter from a family law dispute to a probate enforcement action.

Abatement and the Exception for Rendered Judgments

Appellate Court Affirms Divorce Ruling Emphasizing Financial Transparency

Published on: April 13, 2026 | by Kelly McClure

Texas appellate courts frequently underscore the critical role of financial transparency and credible evidence in divorce proceedings, particularly when child support and property division are contested. In a January 2026 decision, the Fifth District Court of Appeals upheld a Rockwall County trial court’s divorce judgment, emphasizing that digital financial records can outweigh a party’s testimony in determining income and the allocation of community property. Tex. Fam. Code § 3.003.

Factual Background of the Case

The underlying dispute involved a husband and wife regarding child support and the division of marital assets. The husband, unemployed since March 2023, claimed a net monthly income insufficient to justify the trial court’s $1,840 monthly child support award. The wife presented Cash App statements showing over $159,000 in deposits over 14 months.

Practical Application of the “Best Interest” Standard in Texas Custody Modifications

Published on: April 12, 2026 | by Kelly McClure

Texas courts consistently prioritize the “best interest” of the child when adjudicating conservatorship and possession disputes. Under Texas Family Code § 153.002, trial courts evaluate conservatorship arrangements to promote the child’s physical, emotional, and educational welfare. The 2025 appellate decision in In the Interest of A.L.K. provides a contemporary example of how courts implement this principle when parental conflict affects decision-making. In re A.L.K., 08-23-00347-CV, Tex. App.—El Paso 2025.

Factual Background

A.L.K.’s parents, Jun and Jasmine, were divorced and initially appointed as joint managing conservators with shared decision-making responsibilities. Jasmine held primary authority over education and residence under the original 2020 decree. By 2022, Jun petitioned to modify the parent-child relationship, citing material and substantial changes, including ongoing co-parenting difficulties and inconsistent communication that could impact A.L.K.’s stability. Tex. Fam. Code § 156.101. The petition sought a reallocation of educational decision-making authority while maintaining a structured possession schedule.

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 House Bill Will Narrow Stepparent Access to Children

Published on: March 31, 2026 | by Kelly McClure

Texas family law has long recognized that individuals other than biological parents sometimes serve as primary caregivers for a child. In limited circumstances, those individuals could seek court intervention by filing a Suit Affecting the Parent–Child Relationship (SAPCR). However, recent statutory reforms significantly narrow that pathway, particularly for stepparents.

In 2025, the Texas Legislature enacted House Bill 2350, which amends the standing provisions of the Texas Family Code and raises the threshold for non-parent caregivers seeking access to be heard in Texas courts. The change appears technical, but it may dramatically affect stepparent custody claims in blended families.

Standing in a Suit Affecting the Parent–Child Relationship

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 Implements “Three Strikes Rule” for Refusal to Follow Custody Orders

Published on: March 18, 2026 | by Kelly McClure

In Texas, court-ordered possession and access provisions are not advisory. They are binding orders, and repeated violations can carry significant legal consequences. A recent legislative change strengthens those consequences. House Bill 3181 creates a statutory “three strikes” framework that directly links repeated contempt findings for denying visitation to the potential loss of primary custody.

Enforcement of Possession and Access Orders

Texas courts possess broad authority to enforce possession and access provisions contained in divorce decrees and orders affecting the parent-child relationship. When a parent refuses to comply with an existing visitation order, the other parent should file a motion for enforcement, and the trial court may impose contempt sanctions, including fines, jail time, and attorney’s fees. Tex. Fam. Code § 157.001; Tex. Fam. Code § 157.166.

Expanded Standard Possession is Now the Default in Texas Custody Orders

Published on: March 10, 2026 | by Kelly McClure

The default schedule for standard possession in Texas has changed. Texas custody law generally uses the term “possession and access” rather than visitation. The Texas Family Code establishes standard possession schedules designed to promote frequent contact between children and both parents. Recent legislative changes have altered how those Texas visitation schedules operate in many cases.

The Standard Possession Order Framework

Texas courts frequently rely on the Standard Possession Order (SPO) when determining possession schedules in divorce and custody proceedings. Historically, the traditional SPO provided that the non-custodial parent exercised possession on the first, third, and fifth weekends of each month, along with certain holiday periods. Tex. Fam. Code §153.312

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

Texas Supreme Court Reverses Parental Rights Termination Ruling

Published on: February 12, 2026 | by Kelly McClure

The Texas Supreme Court has reversed the outcome in a lawsuit filed by the Texas Department of Family and Protective Services seeking termination of a mother’s parental rights. The case proceeded to trial following the child’s removal from the mother’s care based on allegations involving substance abuse and domestic violence towards another child in the home. By the time the case reached trial, however, the Department’s position had changed.

During the trial, the Department’s representative testified twice that the Department was not seeking termination and instead requested conservatorship relief that would appoint the father as sole managing conservator while leaving the mother as a parent non-conservator.

Despite that testimony, the trial court entered a final order terminating the mother’s parental rights. The court of appeals affirmed the termination, concluding that the trial court was not bound by the Department’s statements at trial.