In Texas, when couples go through a divorce, the court’s goal is to divide marital property in a way that is fair, but not always equal. This is known as “equitable distribution.” If a prenuptial agreement exists, the terms of that agreement will typically guide how the property is divided.…
Divorce and family law cases are some of the most emotionally charged legal matters individuals can face. People often find themselves making decisions based on emotion rather than logic, which can complicate the already challenging process. In some cases, individuals approach litigation not necessarily to resolve issues but as a…
In Texas, property division during a divorce is intended to be fair and equitable, though not necessarily equal. The court has the responsibility to decide what constitutes an equitable division of assets based on the evidence presented by both parties. It is important to note that in many cases, the…
In family law, jurisdiction is divided into two types: subject matter jurisdiction, which refers to the court’s ability to hear specific types of cases, and personal jurisdiction, which concerns the court’s authority over the individuals involved in the case. For a court to hear a divorce case, it must have…
In a recent case from the Court of Appeals of Texas, a husband appealed the divorce decree following a bench trial that dissolved his marriage and awarded conservatorship and possession of the parties’ child to the wife. The decree also granted the wife $132,000 in damages for claims of civil…
A recent ruling by the Fourteenth Court of Appeals upheld a trial court’s final divorce decree in favor of the husband. The case, originating from the 247th District Court in Harris County, Texas, involved a contentious appeal by the wife. She raised several issues, most notably challenging the husband’s expert…
Both State and Federal laws apply to the procedures for courts to issue and enforce domestic protective orders that can be issued to prevent a respondent from contacting, threatening, or harassing the petitioner after certain allegations are proven to an acceptable degree. Although federal laws that apply to protective order…
Divorce proceedings in Texas can quickly become costly, especially when both parties hire attorneys to navigate the complex process. The total legal expenses can escalate significantly, particularly in cases where financial disparities exist between the spouses. In such scenarios, one spouse might need to enlist forensic investigators as part of…
Terminating a person’s parental rights is a serious consequence. In Texas, a trial court must find clear and convincing evidence to terminate parental rights. To meet this high standard of proof, the Texas Department of Family and Protective Services (“the Department”) will introduce evidence that termination is in a child’s…
In a typical divorce proceeding, property division and child custody will likely be two main issues among the parties. In Texas, property owned by one spouse before the marriage is usually not subject to division. However, if the other spouse increased the property’s value through specific contributions, that spouse may…