Family Law Blog

No. The Texas Family Code explicitly provides that a few things cannot become a reimbursable claims upon divorce. Student loans are one of those items.

This is a matter of "public policy" that the Texas Legislature simply believes should not be something that spouses argue over upon divorce. If you paid off your spouses students loans, that is money that you can never get back. No matter how big the loan, or what the source of funds were that you used to pay off the loan, that money cannot be reimbursed to you during a divorce proceeding.

Texas Law requires that one of the spouses must be a resident of the State of Texas for six months in order to get divorced in Texas. Additionally, Texas Law requires that you be a resident of the county that you are filing the divorce in for at least ninety days before filing for divorce.

Both spouses do not have to live in Texas in order to get a divorce in Texas. However, other factors such as the location of children and real estate may make this decision more complicated. If you are facing a divorce in which you and your spouse do not live in the same state or county, you can contact us to discuss ...

It is possible for one spouse to have a claim for reimbursement for separate property that was invested into the community estate. Typically, this takes the form of one spouse using their inheritance or pre-marriage assets to purchase a home during marriage. It also often occurs where one spouses uses their inheritance or pre-marriage assets to remodel or add improvements to a home.

Texas law provides a presumption that all property on hand at the time of divorce is community property. To prove otherwise, the spouse who is claiming a separate property interest must prove it by "clear and ...

Texas is a community property state. This means that all property acquired during marriage and on hand at the time of divorce is community property belonging to both spouses equally. This is true for retirement, 401k, and pension plans too.

Federal law and Texas law combine to provide a non-employed spouse with certain protections of their interest in their spouses retirement plan. During a divorce, it is critical that these dates and values of the retirement plans be properly considered by the parties. Additionally, dividing retirement accounts will require special documents or ...

Trust asset may or may not be affected by a divorce. Trusts take on many different forms, with different provisions regarding the purpose of the trust and they type of distributions to the trust beneficiaries that the trustee may, or must, make. The words in the trust document will be critical in determining how the trust will be affected by a divorce process.

It is essential that you have an attorney who understand how the trust, and the distributions from it, are implicated by the community property laws of the State of Texas. If you or your spouse are going through a divorce with a trust ...

Characterizing property as “community” or “separate” can be one of the most critical aspects of the divorce process. Texas law defines separate property as property that was acquired before marriage, property that was acquired by gift or inheritance, or property that was required for personal injuries sustained by one spouse during the marriage. All other property that is acquired by either spouse during marriage is community property.

Community property belongs equally and entirely to both spouses; however, separate property belongs to only one of the spouses. This ...

Texas uses the term "conservator" to broadly include anyone with a court-ordered relationship with a child. You may hear the term "joint managing conservator", "sole managing conservator", "possessory conservator", or "non-parent conservator" - or any combination of these terms (e.g., "non-parent sole managing conservator"). A conservator may be a parent, a relative, a family friend, or even the State of Texas (CPS).

Generally speaking, a "possessory conservator" is someone who has the right of access/visitation with the children, but little else. Conversely, a "managing ...

Intervening in CPS lawsuits is complicated. There are many scenarios and situations in which a relative or a foster parent may intervene in a CPS lawsuit—regardless of whether or not you have possession of the child.

Interventions are extremely dependent upon the facts and circumstances of a particular case. This is because of the complex nature of determining what is in the “best interest” of a child. Often times, the relatives or foster parents know the child better than anyone else, including the biological parents. Other times, the other parties in the courtroom do not have ...

Discovery is the formal process by which documents or other evidence can be obtained from the other party in a lawsuit. The most common forms of discovery are:

Interrogatories - a set of questions direct to the other party about any matter that is relevant to your case.

Request for Production of Documents - a set of questions inquiring as to the existence, description, condition, location, and contents of documents or other tangible things.

Deposition - informal testimony taken outside of a trial, under oath, and subject to cross-examination by opposing counsel. This testimony may be ...

Business interests will likely be affected, in one way or another, by a divorce. Texas’ community property laws are complicated, and it is not always clear whether a business interest should be classified as the separate property of one spouse, or the community property of both spouses. If the business is part of the community property that needs to be divided in the divorce process, the value of the business must be obtained prior to determining which of the several options is best for the business.

Business interests can be addressed in several way, and it is essential that you have a ...