How Texas Courts Address Claims of Inherited Property in a Divorce
Guest & Gray Blog
by Robert Guest
3M ago
In Texas, when couples go through a divorce, the court’s goal is to divide marital property in a way that is fair, but not always equal. This is known as “equitable distribution.” If a prenuptial agreement exists, the terms of that agreement will typically guide how the property is divided. However, without such an agreement, […] The post How Texas Courts Address Claims of Inherited Property in a Divorce appeared first on Dallas Divorce Lawyer Blog ..read more
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Texas Court of Appeals Enforces Mediated Divorce Settlement, Rejecting Claims of Fraudulent Inducement
Guest & Gray Blog
by Robert Guest
5M ago
In Texas, property division during a divorce is intended to be fair and equitable, though not necessarily equal. The court has the responsibility to decide what constitutes an equitable division of assets based on the evidence presented by both parties. It is important to note that in many cases, the parties may choose to settle […] The post Texas Court of Appeals Enforces Mediated Divorce Settlement, Rejecting Claims of Fraudulent Inducement appeared first on Dallas Divorce Lawyer Blog ..read more
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Texas Court Declines to Exercise Jurisdiction over Divorce Case with Allegations of Domestic Abuse
Guest & Gray Blog
by Robert Guest
5M ago
In family law, jurisdiction is divided into two types: subject matter jurisdiction, which refers to the court’s ability to hear specific types of cases, and personal jurisdiction, which concerns the court’s authority over the individuals involved in the case. For a court to hear a divorce case, it must have personal jurisdiction over the parties, […] The post Texas Court Declines to Exercise Jurisdiction over Divorce Case with Allegations of Domestic Abuse appeared first on Dallas Divorce Lawyer Blog ..read more
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Texas Court of Appeals Partially Overturns Divorce Decree Over Retroactive Child Support Award
Guest & Gray Blog
by Robert Guest
7M ago
In a recent case from the Court of Appeals of Texas, a husband appealed the divorce decree following a bench trial that dissolved his marriage and awarded conservatorship and possession of the parties’ child to the wife. The decree also granted the wife $132,000 in damages for claims of civil assault and intentional infliction of […] The post Texas Court of Appeals Partially Overturns Divorce Decree Over Retroactive Child Support Award appeared first on Dallas Divorce Lawyer Blog ..read more
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Texas Court Affirms Divorce Decree Despite Wife’s Challenges on Appeal
Guest & Gray Blog
by Robert Guest
7M ago
A recent ruling by the Fourteenth Court of Appeals upheld a trial court’s final divorce decree in favor of the husband. The case, originating from the 247th District Court in Harris County, Texas, involved a contentious appeal by the wife. She raised several issues, most notably challenging the husband’s expert witness. The wife argued that […] The post Texas Court Affirms Divorce Decree Despite Wife’s Challenges on Appeal appeared first on Dallas Divorce Lawyer Blog ..read more
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Obstacles to Obtaining Protective Orders in Texas against Out-of-State Residents
Guest & Gray Blog
by Robert Guest
8M ago
Both State and Federal laws apply to the procedures for courts to issue and enforce domestic protective orders that can be issued to prevent a respondent from contacting, threatening, or harassing the petitioner after certain allegations are proven to an acceptable degree. Although federal laws that apply to protective order respondents are enforceable from coast to coast, the existence of a protective order in one state may not be sufficient for a similar order to enter in another state. The Texas Supreme Court recently published an opinion that declined a Texas woman’s request to enter a pro ..read more
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Judicial Discretion in Awarding Attorney’s Fees in Texas Divorce Cases
Guest & Gray Blog
by Robert Guest
8M ago
Divorce proceedings in Texas can quickly become costly, especially when both parties hire attorneys to navigate the complex process. The total legal expenses can escalate significantly, particularly in cases where financial disparities exist between the spouses. In such scenarios, one spouse might need to enlist forensic investigators as part of their legal team to accurately assess and claim their fair share of the marital estate. When there is a substantial imbalance in the legal fees incurred by each party, the court may intervene and order the wealthier spouse to cover a portion of the oth ..read more
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Texas Appeals Court Partially Reverses Parental Rights Termination
Guest & Gray Blog
by Robert Guest
9M ago
Terminating a person’s parental rights is a serious consequence. In Texas, a trial court must find clear and convincing evidence to terminate parental rights. To meet this high standard of proof, the Texas Department of Family and Protective Services (“the Department”) will introduce evidence that termination is in a child’s best interests. However, if the Department fails to offer clear and convincing evidence, the court cannot terminate the parent’s rights. A recent Texas appellate case demonstrates the high burden of proof courts require to terminate parental rights. Facts of the Case The T ..read more
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Texas Appeals Court Upholds Property Division and Joint Conservatorship Ruling
Guest & Gray Blog
by Robert Guest
9M ago
In a typical divorce proceeding, property division and child custody will likely be two main issues among the parties. In Texas, property owned by one spouse before the marriage is usually not subject to division. However, if the other spouse increased the property’s value through specific contributions, that spouse may be entitled to the fair market value of the improvements to the property. Importantly, the spouse’s contributions must have a causal relationship to any appreciation in market value; passive appreciations in value will not suffice. A recent Texas appellate decision demonstrates ..read more
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Showing Evidence of Property Division in Texas Divorce Proceedings
Guest & Gray Blog
by Robert Guest
10M ago
When dividing property in divorce proceedings, courts will distinguish between separate property and community property. Separate property represents any property or assets that one person has held since before they were married. Conversely, community property constitutes property or assets shared between spouses. Typically, only community property is subject to division among the former spouses. Texas courts presume that property either spouse possesses during marriage or upon the end of the marriage is community property. To overcome this presumption, a spouse must present clear and convinci ..read more
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