Family law

Texas Court Dismisses Parties’ Divorce Case as Moot, Despite Initial Jurisdictional Questions

April 22, 2023 | by Robert Guest

In a recent memorandum opinion issued by a district court in Texas, the court dismissed one party’s claim because it decided there were no longer any issues to litigate in the state. Originally, a couple trying to get divorced filed claims in both Texas and Virginia and there was some confusion over where the divorce case should be heard. By the time the court of appeals issued its opinion, however, the couple had resolved all of the necessary issues about jurisdiction, and the Texas court dismissed the husband’s appeal.

Facts of the Case

According to the opinion, the wife involved in this case first filed for divorce from her husband in Virginia in 2018. Later, she dropped the suit entirely, only for the husband to re-file for divorce three years later in Texas. At that point, it was unclear whether the divorce proceedings should take place in Virginia or Texas.

In the husband’s petition for divorce, he stated that he had been a resident of Texas for six months prior to filing for divorce. This was relevant for the court to know since a Texas divorce case can be filed in the county court where one of the parties has lived for the last 90 days as long as that party has also lived in Texas for at least six months.

Texas Appeals Court Determines Protective Order Can Be Issued by Different Court While Divorce Is Pending

September 9, 2021 | by Robert Guest

A Texas appeals court recently decided a Texas family law case involving a court’s jurisdiction to issue a protective order while a divorce proceeding is pending before another court. In that case, the wife filed a petition for divorce from the husband. The following year, while the divorce petition was pending, the wife filed an application for a protective order. The court issued a final protective order in favor of the wife, and the husband appealed the order. The husband argued in part that the protective order was void because the court lacked subject matter jurisdiction over the case. The husband argued that because a divorce proceeding was pending in a different court, the court could not issue a protective order.

Subject-matter jurisdiction refers to a court’s ability to hear and determine a certain type of case. Some courts only have subject-matter jurisdiction over certain types of cases, such as traffic courts and juvenile courts.

In this case, the wife filed the application for a protective order in the 280th District Court, which is designated as the domestic violence district court for Harris County, and which gives preference for domestic violence cases. The wife resided in Harris County, which is why she filed in that county. However, the husband argued that the application for a protective order must be filed in the court in which the divorce proceeding is pending, according to Texas’s Family Code.

Terrell Divorce and Family Law Attorneys

January 6, 2021 | by Guest and Gray Law Firm

Terrell Texas Divorce Lawyers

Terrell, Texas, is located in Kaufman County. If you are considering filing for divorce, it is important to understand the local legal system. Kaufman County has four courts, all of which handle family law cases and hold family law hearings. Kaufman County has only one full-service law firm that is more than just one or two lawyers, and that is Guest and Gray Law Firm. We are the biggest firm in the county. As the county has grown, so have we. We fight and win the toughest cases, but we also know how to help our clients reach amicable solutions when it’s in their best interest. We are ready to help you with a divorce or family law case, and we have the resources to get the best result in your case.

We understand the community and what it’s like to have a family law case in Kaufman County. When we meet, we will discuss the process and understand the dynamics of your family. We know what it’s like to raise children in Terrell. We have employees with families who live in Terrell. We get it. Terrell is a unique place. Lots of people commute to work and are concerned about their children’s future. Terrell is growing with lots of new opportunities. It’s one of the oldest and largest communities in Kaufman County. Jamie Foxx is from Terrell. We get Terrell.

Texas has two types of marriage, ceremonial and common law

January 4, 2021 | by Robert Guest

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 front of a justice of the peace.

What is a ceremonial marriage in Texas?

The last thing you want to do is have a wedding and not be married. To make sure that doesn’t happen let’s go over the rules for a ceremonial marriage. In Texas, a valid ceremonial marriage requires four things.

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-

If you have primary custody (custodial parent), you can still be ordered to pay child support

November 27, 2019 | by Robert Guest

Most people assume that if you are awarded primary custody, and you have a child living with you the majority of the time, then the other parent will pay you child support. The Dallas Court of Appeals recently heard a case in which Father was ordered to pay child support, even though Father had the child 70% of the time and was considered the custodial parent with primary custody.

How did this happen? Let’s look at In the Interest of ARW, No. 05-18-00201-CV from the Dallas Court of Appeals.

What happened in ARW?

5 Ways to Avoid Super Bowl Sunday Negatively Impacting your Family Law Matter

February 2, 2018 | by Guest and Gray Law Firm

There are lots of things associated with Super Bowl Sunday. Snack food and memorable commercials are two that come to mind. Some other things associated with Super Bowl Sunday might not be such a good idea when it comes to your case that involves family law. This blog is going to discuss five of those things that you may want to keep in mind on Super Bowl Sunday.

Lay off the obnoxious posts on social media. You may think you’re being funny by posting a mildly offensive meme about Tom Brady this Sunday, but as the saying goes, treat everything you put in writing as if it is going to be read aloud in open court. Your best option is to avoid posting at all in order to prevent anything being used against you in your family law case. If you must post, keep it positive and definitely don’t post any pictures that involve alcohol or drugs.
Don’t drink around your kids. Many allegations get thrown around when parents are fighting over their children. One of the more common ones involve accusations of drinking or even doing drugs around kids. This can really hurt your case. Don’t give the other side any more mud to sling at you just because you wanted to let loose on Super Bowl Sunday. Also, it should go without saying, but never drink and drive.

5 Financial Considerations to Keep in Mind When Planning for Divorce

January 2, 2018 | by Guest and Gray Law Firm

Taking the time to decide what changes will need to be made because of the realities of the divorce is an important step in the divorce process. Many people enter into divorce without taking into consideration the changes that are going to need to be made after the divorce and without having a realistic idea of how much divorce costs. This blog post is going to address 5 financial issues that that should be considered when planning for your divorce.

Where are you going to get your insurance from? One of the largest costs in most people’s budgets is the cost of insurance and healthcare. While people are married the cost of insurance may be coming from one employer and if you are planning on divorcing it is important to factor in how you will be covered for insurance after the divorce.
How much is the divorce going to cost? Consulting with an attorney when contemplating divorce can be helpful in gauging how much money is going to be spent on the actual divorce and how that is going to impact your bottom-line for your divorce year. Costs of attorney’s fees can add up quickly in a divorce and it is important to factor them into your planning for your divorce. Attorneys can explain how much money will be spent on getting the divorce process started and the possible ways that the costs of divorce can be covered and how they may be changed throughout the process.

What are the Requirements for a Valid Premarital Agreement in Texas?

September 13, 2017 | by Robert Guest

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 valuable tool. No one likes to think about divorce at the beginning of their marriage, but with the amount of marriages that end in divorce it can be extremely helpful to get an agreement in writing ahead of time to make sure that a divorce can be as painless as possible.

What are the requirements for a premarital agreement in Texas?

In Texas, a premarital agreement must be in writing and signed by both parties. It is pretty much that simple. There are many things that may be contracted for in a premarital agreement but one major thing that is NOT allowed to be modified in certain ways in a premarital agreement is child support. You can’t completely get rid of (the statute says, “adversely affect”) child support. It makes sense because it seems like bad policy to have a child suffer because of an agreement of the parties that was possibly made before they were even born.

The Importance of Understanding Future Income in a Mediated Settlement Agreement

August 14, 2017 | by Guest and Gray Law Firm

What is a Mediated Settlement Agreement?

If you reach an agreement in a mediation, more precisely called a Mediated settlement agreement or MSA for short, the agreement is binding on you and all other parties you are agreeing with in a family law case as long as the MSA is drafted in the way that is required under the Texas Family Code. The agreement must be the result of a mediation, hence the name, which is basically just the meeting of both parties with a neutral third person facilitating the conversation so that the parties can come to an agreement. Texas law encourages mediation as a cost-efficient and time-efficient way of settling disputes. One of the benefits of mediation is that instead of a judge who has only a glimpse into the lives of parties based on evidence presented to him or her, during a mediation the parties who know their situation and family the best get to come to an agreement that works for them and is custom to their situation.

One downside to a mediation could be that as opposed to a judge who should know what the consequences of their decision could potentially be, parties could be making agreements in a mediated settlement agreement using language that will have consequences after the agreement is entered that they did not intend. One of the reasons that we trust judges to make decisions for us in legal matters is that in general they have years of experience dealing with similar matters and they should understand what all of the legal jargon that goes into an order actually means.