Community property is the property acquired by other spouse during the marriage, except separate property.  Tex. Fam. Code § 3.002.  Separate property is generally that property the spouse owned or claimed prior to the marriage, property acquired by gift, devise, or descent during the marriage, and personal injury recoveries with the exception of recovery for lost earning capacity during the marriage. There is a presumption that property possessed by either spouse during or on dissolution is community property.  This presumption can only be rebutted in a Texas divorce by clear a ..read more

The court must divide marital property in a just and right manner in a Texas divorce.  In some cases, the parties only have tangible or clearly identifiable assets such as real estate and back accounts.  In other cases, however, there may be more abstract assets involved.  A former wife recently challenged a property division, arguing the court had not properly divided the assets in light of the husband’s sale of commercial goodwill. The Husband’s Agreement The parties got married in 1998.  The husband worked as a financial advisor starting in the early 2000s.  He ente ..read more

The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) governs which state’s courts have jurisdiction over an initial custody determination.  Texas has codified the UCCJEA in Chapter 152 of the Texas Family Code.  A Texas court has jurisdiction if Texas is the child’s “home state” when the proceeding commences or was the child’s home state within the six months before the proceeding commences and a parent still lives in Texas.  Tex. Fam. Code § 152.201(a)(1).  “Home state” is defined as the state where the child lived with a parent or person acting as such fo ..read more

In a Texas custody case, the court must designate who will determine the child’s primary residence and establish the geographic area within which the child’s primary residence must be or specify that there is no geographic restriction.  Tex. Fam. Code § 153.134(b)(1).  The court bases its determination on the specific facts of the case.  The trial court also has discretion to impose restrictions on a parent’s possession and access to the child that are in the child’s best interest.  A father recently challenged a number of issues related to his possession and access to his ..read more

Courts are required to divide marital estates in a just and right manner in a Texas divorce.  A court may divide the estate unequally, but must have a reasonable basis to do so.  Courts may consider a number of factors in making that determination, including the parties’ relative physical conditions, their relative financial conditions, disparity in their ages, the value of their separate estates, disparity in income or earning capacity, and the nature of the property.  A husband recently appealed a disproportionate division. Divorce Proceedings The parties were married for 27 y ..read more

To modify a Texas custody order, the court must find that there has been a material and substantial change in circumstances and that the modification would be in the children’s best interest.  In a recent case, a mother challenged the court’s finding that it was in the children’s best interest for the father to be the sole managing conservator following involvement by the Department of Family and Protective Services. History When the parents divorced, they were named joint managing conservators and the mother was awarded the right to designate the children’s primary residence. The mother ..read more

It can be difficult to modify a child support order to decrease the child support obligation.  A father recently appealed the denial of his request for a decrease in his above-guideline child support obligation without step-downs.  Generally, a child support order for multiple children will provide for a decrease in the child support obligation as support ends for each child. In this case, however, the parties signed an agreement for additional child support. Original Order The children were 17, 15, and 12 when the parents divorced in 2019.  The parents were named joint managing ..read more

When a party does not file an answer or participate in a Texas divorce proceeding, the court may issue a default judgment against them.  A mother recently challenged the default divorce decree entered against her through a petition for bill of review. A bill of review is brought when a party seeks to set aside a judgment that cannot be challenged by appeal or a motion for a new trial. A party seeking a bill of review generally must show that they have meritorious claim or defense they could not make due to an official mistake or the other party’s fraud, accident, or a wrongful act, with n ..read more

Texas family law matters are often complex.  A father recently challenged a modification order changing his child support obligation after a lengthy and somewhat complicated litigation involving the child. The mother petitioned for enforcement of child support and medical support in September 2022, asking the father be held in contempt and ordered to pay arrearages for child support and medical support, as well as attorney’s fees. Enforcement and Modification Hearing According to the appeals court, the parties and court treated the matter as a modification action as well as an enforcement ..read more

The purpose of Texas spousal maintenance is to give a spouse temporary rehabilitative support after deterioration of their ability to support themselves while taking care of the home and family during the marriage. Spousal maintenance is only available if the spouse meets certain statutory requirements.  A former husband recently challenged a spousal maintenance award. The wife petitioned for divorce after about 28 years of marriage and sought spousal maintenance.  In the final decree, the trial court ordered the husband to pay her $2,000 per month for five years. The husband appeale ..read more