Dallas Divorce Lawyer Blog

Appealing The Division of Property in a Divorce Case

September 25, 2020 | by Robert Guest

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. FAM. CODE ANN §§ 7.001, 7.007; see also Vallone v. Vallone, 644 S.W.2d 455, 459 (Tex. 1982). The party claiming the right of reimbursement bears the burden of pleading and providing the expenditures were made and are reimbursable. Chavez v. Chavez, 269 S.W3d 763, 768 (Tex. App.—Dallas 2008, no pet.). For purposes of the division of the parties’ community estate, community property consists of property, other than separate property, acquired by either spouse during marriage. TEX. FAM. CODE 3.002. Separate property consists of property owned or claimed by either spouse before marriage.

In the case below, I go over what the law is for the division of property challenges on appeals and why the court affirmed the trial court’s decision.

Constructive Abandonment and Parental Rights in Texas

September 11, 2020 | by Robert Guest

What is Constructive Abandonment?

The Texas Family Code section allows involuntary termination of parental rights if clear and convincing evidence supports that a parent engaged in at least one of the twenty-one grounds for termination and termination is in the best interest of the child. See TEX. FAM. CODE § 161.001(b)(1)(A)-(U), (b)(2). A court will look at the parent’s ability to provide a safe environment for their children, the parent’s parental skills, and the best interest of the child when deciding whether or not to terminate parental rights based on constructive abandonment. Grounds for parental rights termination include constructive abandonment if the court finds by clear and convincing evidence that the parent has:

constructively abandoned the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services (“Department”) for not less than six months, and:

Can Parental Rights Be Terminated because of Drug Use?

August 25, 2020 | by Robert Guest

Termination of Parental Rights

As a parent, you are the legal guardian of your child. Parental rights pertain to the custody of the child, i.e. (1) the legal right to make decisions for the child; and (2) physical custody to provide and care for the child. Usually, the decisions made by the parent are done with the best interest of the child in mind. However, when the parents of the child act in such a way, that it is in the best interest of the child to terminate parental rights, a court can and will terminate accordingly.

WHAT IS THE BEST INTEREST OF THE CHILD?

New 194 Disclosure Rule For 2020 Family Cases

August 25, 2020 | by Robert Guest

In family law, discovery is the process in which your attorney will request and obtain information from the opposing party. One tool for discovery in Texas is Rule 194 of the Texas Code of Civil Procedure, Request for Disclosure. These are used to ask for basic information about the case, names of the parties etc.

Starting in 2020, Rule 194 is going to change. There is no longer going to have to be a request for disclosure. The opposing must provide certain information, even without a request. Here is the new rule 194(a)

(a) Duty to Disclose. Except as exempted by Rule 194.2(d) or as otherwise agreed by the parties or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties the information or material described in Rule 194.2, 194.3, and 194.4.

Fiduciary Duty in Family Law Cases

August 18, 2020 | by Robert Guest

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 if you owed that duty. To prevail on a claim, you must establish that a duty existed between yourself and another party. Now, we tend to see fiduciary relationships in business. Whether it’s an agent and the client he or she represents, or attorneys and their clients. Even an employer/employee relationship. But, family dynamics also play a role in establishing and maintaining fiduciary relationships. Fiduciary issues arise out of family law, particularly between spouses.

Living Together During The Divorce and Family Violence

April 26, 2020 | by Guest and Gray Law Firm

It is not uncommon for married couples to live together while a divorce is pending. One of the issues we often have to address for our clients is who is going to live in the marital residence. This can be agreed to, and often one party will agree to move out. However, if there is not an agreement then a judge may have to decide who lives in the marital home during a temporary orders hearing.

Having a divorcing couple living together can lead to confrontation, and it can increase the risk of domestic violence. If you believe that it is dangerous to live with your spouse let your lawyer know immediately. Recently, the Dallas Court of Appeals hearing a case involving an assault between a couple going through a divorce, and still living together.

In that case, Johnelle Hall vs the State of Texas, No 05-18-00424-CR, the couple (Johnelle and Clifton) couldn’t agree on when Clifton (Husband) should move out, or if he should pay child support. The issue was put to a judge at the temporary orders hearing. The judge ruled that Clifton did have to move out, and pay child support. But the judge also gave Clifton two extra weeks to move out. Neither party was happy with this ruling. In family cases, it is not uncommon for both parties to have issues with a judge’s ruling.

New Kaufman County Coronavirus Family Law Custody Order

March 25, 2020 | by Robert Guest

Courts are working to head off problems with custody orders caused by the Coronavirus. If you have a custody order you must keep up with these orders, since they apply to you. The most recent order on family cases in Kaufman County is from March 25th.

Standing Order Governing Possession and Access During the Shelter in Place Order of Kaufman County Judge Signed March 24, 2020

For all cases arising from the Family Law Courts of Kaufman County, the Court ORDERS that:

Kaufman County Coronavirus Guidelines

March 18, 2020 | by Robert Guest

The coronavirus is impacting courts across Texas. Kaufman County Judges have issued the following orders to reduce the number of hearings and to help with the social distancing recommendation by the CDC.

These guidelines are effective from March 23, 2020, until further order of the Courts-

If a Person is Sick- Everyone who is sick or who thinks they have been exposed to COVID-19 should contact (phone or email) the court to reschedule their hearings or trials. These individuals should not appear in court.

Dallas Family Courts Issue Emergency Coronavirus Possession Order

March 17, 2020 | by Robert Guest

Coronavirus is impacting family law in Texas, and one of the first areas that had to be addressed is spring break visitation. Most possession orders refer to the time when spring break ends as a time for possession and visitation to change. But what happens when we are under quarantine and spring break is extended by your school district?

Dallas County has just announced that they are going to enforce the original school calendar for issues of visitation, possession, and access. Most courts and counties that have issued statements have adopted the same position. So if you are trying to extend your spring break visitation because of a coronavirus shutdown, you are probably going to have a bad time.

Here is the text of the order-

Can an order to pay Private School tuition be modified?

January 10, 2020 | by Robert Guest

Parents can agree, or be ordered, to pay private school tuition as part of a custody or divorce case. Let’s say that you and your spouse agree that you will pay for your child’s private school tuition, you put that in the decree, then the bill comes, or you lose your job and can’t pay. What now?

This was the subject of a recent family law case in the Dallas Court of Appeals- IN THE INTEREST OF H.L.B. AND B.L.B., CHILDREN

In that case Mother and Father had two children. In 2015, as part of an agreed divorce decree Father agreed and was ordered to pay all private school tuition. In 2018 Father filed a petition to modify and asked that either Mother pay all the private school tuition, or the children start attending public school.