In a recent case before an appeals court in Texas, the plaintiff in a divorce case asked for a new decision regarding the credit card debt that the lower court directed him to pay. Originally, the lower court issued an order divorcing the plaintiff and defendant, and part of that…
Articles Posted in Community Property
Texas Appeals Court Considers Equitable Division of Community Property in Recent Divorce Case
A recent decision from a Texas appeals court consider whether a court equitably divided community property between a couple and also whether the wife was entitled to temporary spousal support. The husband and wife got married in 1991 and separated in 2017. After a trial, the court divided the community…
Texas has two types of marriage, ceremonial and common law
So you want to get married? Or you think you are married? If you are in Texas, there are two different ways to be married. The first is called a ceremonial marriage. It’s what you think of when you picture a traditional wedding or a couple saying their vows in…
Appealing The Division of Property in a Divorce Case
Appealing a Court’s Ruling on the Division of Property in a Divorce Case Upon granting a divorce, a trial court must order the division of the parties’ community property and determine any claims for reimbursement by any of the martial estates in a manner it deems “just and right.” TEX.…
Fiduciary Duty in Family Law Cases
The Obligations of a Fiduciary Simply put, a fiduciary duty is the responsibility to place someone’s interest ahead of your own. So important is this responsibility that it requires the highest degree of honesty and loyalty. Key-word there, loyalty. You can be responsible for a breach of fiduciary duty only…
Can I Make a Marital Property Agreement in Texas?
Can I Make a Marital Property Agreement? There has been a lot of discussion about pre-marital agreements in media and it is something most people are probably somewhat aware of. Follow this link: Premarital Agreements in Texas for more information on premarital agreements. So, what about after you are married, are…
What are the Requirements for a Valid Premarital Agreement in Texas?
Pre-nuptial agreements, called premarital agreements under Texas law, are frequently in the news and even in pop culture references (shout-out to Kanye West). You may think that living in Dallas, Kaufman, or Rockwall County that you don’t need to worry about a premarital agreement, but they can be a very…
Spousal Maintenance for Disabled Spouse Post-Divorce: What if I Still Need It?
You are divorced and in your final orders you were awarded spousal maintenance on the basis of your disability and inability to earn sufficient income. So, you went through all of the stages of proving your disability and proving that you could not earn the money that you need to…
What are the grounds for divorce in Texas?
When pleading for a divorce in Texas, you have to consider—aside from the emotional aspect—why exactly you are getting a divorce. Did your spouse cheat on you? Did your spouse abandon you and what does abandonment mean? Or, do you and your spouse argue often and have you grown into…
I bought our house before we got married, is that separate property?
You brought some property into your marriage, accumulated some property along the way, and now you are facing a divorce. You need advice about what is really yours, hers, and in between. You are not alone to have commingled property—many people have concerns about property and what ultimately happens to…