Over the course of a long marriage, a husband and wife may enter into certain agreements that divide their estate and property unequally. This contrasts with Texas’s community property status, which means that property acquired during a marriage belongs equally to both spouses. Because of this, agreements otherwise have to…
Articles Posted in Divorce
Texas Court of Appeals Affirms Trial Court Decision in Divorce Case, Rejecting Appeal
In a recent case involving the division of property between two divorcing parties, a Texas Court of Appeals affirmed the trial court decision, holding that the wife was not able to show that the trial court had abused its discretion. The couple was married in 2008 in Monterrey, Mexico. Over…
Supreme Court of Texas Conditionally Grants Relief in Mandamus Proceedings on Premarital Agreement Dispute
In a recent case involving a premarital agreement dispute before the Supreme Court of Texas, the court granted conditional relief for mandamus proceedings after the lower court stayed proceedings pending arbitration and denied the wife’s request for mandamus relief. The couple was married in 2008, and in the process of…
Texas Court Addresses Dispute over Funding for Home Renovations in Divorce Claim
Married couples who choose to get divorced in Texas will be subject to a court’s determination of a fair and equitable property division between the parties. Younger couples who married at an early age and share finances can expect a marital estate to be divided roughly evenly. Marriages between older…
Texas Appeals Court Denies Man’s Bid for Property in Divorce Proceeding
Division of property can be hotly contested in Texas divorce proceedings. In a marriage, some assets acquired are jointly owned, with both spouses named as owners. Others are community property owned by one party in name, but the other spouse has an interest in that property. Others yet are individually…
Dallas Appeals Court Refuses to Enforce Contract Support Payments
Texas family courts are entitled to make various financial awards to one party or another as part of a divorce judgment or settlement. The most common payments ordered by a family court are for child support and are designed to allow the custodial parent to support the children. Alimony can…
What Happens if a Spouse Dies During a Texas Divorce?
Divorce can be a challenging and emotionally fraught process filled with unexpected events. While some civil lawsuits can survive the death of a party, Texas divorce cases do not operate in the same manner. Under case law, Texas divorce proceedings do not survive the death of a party, and the…
Texas Court of Appeals Rejects Property Division in Divorce Decree
Texas divorces that include many assets can be complicated. The State of Texas follows laws that assume all property obtained by a couple in the course of their marriage is “community property” that should be divided equally in the event of a divorce. Many factors can come into play to…
What Evidence Do Courts Consider When Dividing Property in a Texas Divorce?
The Court of Appeals of Texas reviewed a man’s appeal regarding the property division set out in his final divorce decree. According to the court’s opinion, after 25 years of marriage, the wife filed for divorce and served the man with the process. The wife appeared at court with her…
Texas Appellate Case Demonstrates Importance of Representation in a Divorce
Going through a Texas divorce is a difficult process. Going through a divorce alone, however, without a qualified family law attorney to represent you, can feel insurmountable. A recent court opinion demonstrates this principle in action. The opinion is an appeal from a divorce decree, a document that makes a…