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…
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…
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…
When dividing property in divorce proceedings, courts will distinguish between separate property and community property. Separate property represents any property or assets that one person has held since before they were married. Conversely, community property constitutes property or assets shared between spouses. Typically, only community property is subject to division…
The process of finalizing a divorce can involve significant time and emotional energy. When the parties finally receive a divorce decree, the last thing they want is to come back to court. Unfortunately, a spouse may have to seek court enforcement of the decree if his or her former spouse…
Typically, divorce decrees award certain items of property to each spouse. The terms of a decree are final, but a court can enforce them after entering the decree. If one spouse fails to turn over property awarded to the other spouse, the court often must enforce the decree by requiring…
One of the largest issues in Texas child custody and divorce law is that of child support. The State of Texas has an interest in having each resident child enjoy the financial support of both parents and child support laws are designed to facilitate the fair division of child-rearing expenses…