Texas Court Denies Wife’s Request for Name Change in Divorce
McClure Law Group | Texas Divorce Attorney Blog
by Francesca Blackard
2w ago
In some Texas divorce cases, how a party requests something can determine if they are successful.  A wife recently challenged part of the property division and the court’s denial of her name change after a second trial. The appeals court’s opinion states the wife informed the court the parties had agreed two pensions would be divided with “a 50 percent shared interest per each party as of the date of divorce.”  The husband’s attorney agreed that was their understanding of the agreement. In a memorandum ruling, the trial court granted the divorce and accepted the parties’ agreement as ..read more
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Attorney’s Fees in Texas Divorce Without Community Property
McClure Law Group | Texas Divorce Attorney Blog
by Francesca Blackard
1M ago
A couple may choose to enter into a Texas pre-marital agreement to protect their respective assets in the event of a divorce.  A pre-martial agreement allows the parties to agree on use, control, and transfer of property, characterization of property or income, disposition of property in a divorce, and a number of other issues.  In some cases, pre-marital agreements may lead to results that the parties did not consider. Parties Signed Premarital Agreement In a recent case, a husband challenged an award of attorney’s fees to the wife because their pre-marital agreement provided for pr ..read more
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Disability Can Be Established Through Lay Testimony in Texas Spousal Maintenance Case
McClure Law Group | Texas Divorce Attorney Blog
by Kelly McClure
1M ago
A Texas court may award spousal maintenance in certain circumstances, including when a spouse lacks sufficient property to provide for their reasonable minimum needs and is unable to earn enough income to provide for those minimum reasonable needs due to an incapacitating disability.  Tex. Fam. Code § 8.051.  Spousal support is generally limited based on the length of the marriage, but may be indefinite while the spouse is unable to support himself or herself because of a disability.  Tex. Fam. Code § 8.054(b). A husband recently challenged a spousal maintenance award.  Acc ..read more
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Dormancy of Texas Divorce Judgment Calculated From Date Payment Obligation Is Triggered
McClure Law Group | Texas Divorce Attorney Blog
by Francesca Blackard
1M ago
TEX. CIV. PRAC. & REM. CODE § 34.001(a) provides that a judgment becomes dormant if a writ of execution is not issued within 10 years of its rendition.  A judgment is dormant, execution may not be issued unless it is revived.  A dormant judgment may be revived within two years of becoming dormant.  TEX. CIV. PRAC. & REM. CODE § 31.006.  A former wife recently argued that her ex-husband could not enforce a payment obligation contained in their divorce decree because the judgment had become dormant. 2008 Divorce – $30,000 Judgment Awarded to Husband According to the a ..read more
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Texas Division of Real Estate in Divorce
McClure Law Group | Texas Divorce Attorney Blog
by Francesca Blackard
1M ago
Property in a Texas divorce does not have to be divided equally, but instead must be divided in a just and right manner.  There can be a number of ways to achieve a just and right division, especially when the property is a large piece of real estate.  In a recent case, a husband asked the court to award the wife a smaller portion of the parties’ ranch, which he claimed was more valuable than the rest of the ranch. Wife Precluded from Presenting Testimony about Value of Ranch The parties married in 1995.  When the wife petitioned for divorce, the parties owned a ranch together ..read more
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Court Must Decide Validity and Enforceability of Arbitration Agreement in Divorce Cases
McClure Law Group | Texas Divorce Attorney Blog
by Kelly McClure
3M ago
Texas prenuptial agreements may include a provision requiring arbitration in the event of a divorce.  The Texas Family Code includes provisions making arbitration of divorce cases different from the arbitration of other types of cases.  A wife recently sought mandamus relief after the trial court ordered arbitration pursuant to a prenuptial agreement. Parties Executed Islamic Premarital Agreement According to the court’s opinion, the parties had executed an “Islamic Pre-Nuptial Agreement.” It included a provision requiring resolution of conflicts in accordance with Islamic law by eit ..read more
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Gifts and Separate Property in Texas Divorce
McClure Law Group | Texas Divorce Attorney Blog
by Kelly McClure
3M ago
Property possessed by a spouse during or upon dissolution of the marriage is presumed to be community property.  Clear and convincing evidence that the property is separate is required to rebut that presumption. Wife Asserts Gift from Parties’ Son A husband recently appealed a divorce decree, arguing the trial court erred in finding all accounts in the wife’s name in Bangladesh banks were the wife’s separate property.  The wife claimed the money in those accounts had been gifted to her by their son.  Property acquired by gift or inheritance is generally separate property.  ..read more
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Mischaracterization of Property in Texas Divorce
McClure Law Group | Texas Divorce Attorney Blog
by Francesca Blackard
5M ago
The court in a Texas divorce must make a just and right division of the parties’ estate.  This does not necessarily require the court to award  the parties equal shares of the property.  Property acquired during a marriage is generally community property, but property acquired before the marriage or by gift, devise, or descent is separate property. A party claiming separate property must show that it is separate by clear and convincing evidence.  A husband recently challenged a court’s characterization of certain property as the wife’s separate property. The parties got mar ..read more
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Invited Error in Texas Divorce Case
McClure Law Group | Texas Divorce Attorney Blog
by Francesca Blackard
6M ago
Even when parties seem to agree on issues related to Texas property division, disputes may still arise.  In a recent case, a husband challenged a trial court’s treatment of certain property after seemingly agreeing to that treatment during the hearing. The husband petitioned for divorce in May 2019.  The husband and wife stipulated that a particular parcel of land was the husband’s separate property, but the mobile home on that property was the wife’s separate property. The husband testified he wanted to purchase the mobile home or sell the parcel and mobile home together and equally ..read more
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Texas Court Cannot Stop Divorce Trial Without Allowing Parties to Present Their Cases
McClure Law Group | Texas Divorce Attorney Blog
by Kelly McClure
7M ago
While videoconferencing technology allowed certain court proceedings to occur and cases to move forward during the pandemic when in-person proceedings were not available, the technology is not without its problems in a court setting.  Some individuals, especially those living in rural areas, may not have access to a strong internet connection. Others may not have appropriate devices or know how to use the technology.  Another serious issue can be control of the courtroom, including technical issues, distractions, and disruptions by parties or non-parties. In a recent case, a wife cha ..read more
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