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 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…
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…
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…
When a couple gets divorced, there are many logistical aspects that need to be handled. For some couples, this may include separating the combined assets and determining custody of the children. And when one, or both, of the spouses has debts at the time of the divorce, this can affect…
Although generally family court cases have a substantial and lasting effect on people’s lives, changes in circumstances may make some cases no longer relevant or actionable. In a recent case in a Texas child support case, a Texas appeals court found that the wife’s suit for child support modification had…
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 child custody laws are continually evolving, and courts must conduct a thorough analysis before making any determinations. The state recently replaced a significant amount of the language in their statutes to lessen the entire process’s negativity. For instance, custody is now referred to as “conservatorship,” that and “managing conservatorship”…
A Texas appeals court recently considered a Texas divorce case in which the trial court had unequally divided the parties’ pensions. In that case, the trial court had granted the divorce and divided the community property. In dividing the community property, the trial court awarded each of the parties 100%…
In the U.S., states can follow one of two methods of distributing property during a divorce; equitable division or community property. Texas is one of nine jurisdictions that follows the community property doctrine. Under this theory, the law presumes that all of the property a couple acquired during the marriage…