Beth M. JohnsonJan 254 minArbitration AgreementsDivorces and SAPCRs can be resolved through arbitration proceedings. See Tex. Fam. Code §§ 6.601, 153.0071(a). Generally, an agreement by...
Beth M. JohnsonJan 45 minAppellate Attorney’s Fee AwardsAppellate courts generally do not award fees. For an appellee to be awarded fees, the appellee generally must file a cross-appeal because...
Beth M. JohnsonNov 16, 20215 minEnforcing Mediated Settlement AgreementsIn family law, the Texas Legislature has made mediated settlement agreements (“MSAs”) binding on the parties if the MSA provides, in a...
Beth M. JohnsonOct 26, 20216 minWhen Are Findings Useful in Family Law?At the end of the trial, appeal may or may not be foremost on your mind, but questioning whether to request findings of fact and...
Beth M. JohnsonSep 28, 20213 minCharacterization of Marital PropertyBecause Texas is a community-property state, all marital property is characterized and “separate,” “community,” or “mixed.” See Hilley v....
Beth M. JohnsonAug 24, 20213 minSpousal Maintenance and Contractual Alimony --- Which is Right for Your Case?A court can order one party to provide periodic financial support for the other after a divorce. Tex. Fam. Code ch. 8 (“Spousal...
Beth M. JohnsonJul 20, 20213 minScope of Judicial Notice Can be Waived Absent an ObjectionJudicial notice can be a time-saving method to get evidence that has been previously presented into the current record. See Tex. R. Evid....
Beth M. JohnsonJul 9, 20213 minContempt and Specificity of OrdersAn order for contempt must be supported by a reasonably specific underlying order. To hold a party in contempt for violating a court...
Beth M. JohnsonMay 4, 20213 minFamily Violence: Conservatorship and Protective OrdersIn a suit for conservatorship, a trial court must consider the best interest of the child and should consider applicable Texas public...
Beth M. JohnsonMar 9, 20212 minDefault Orders Must Be Supported by EvidenceIn a suit for divorce, the petition may not be taken as confessed if the respondent does not file an answer. Tex. Fam. Code § 6.701. So,...
Beth M. JohnsonJan 26, 20212 minDiscovery Issues and Mandamus ReviewThe new discovery rules are on everyone’s minds as we begin 2021. For the most part, discovery rulings are “incidental” rulings not...
Beth M. JohnsonOct 20, 20203 minRestricted Appeals Can Be an Effective Tool to Undo Default JudgmentsWe generally think of the 30-day window after a final order as the only time in which a party can appeal. However, if there was clear...
Beth M. JohnsonSep 2, 20203 minProperty Orders Cannot Be Modified, BUT There Might Be Room for ClarificationThere is an entire chapter of the Texas Family Code devoted to modification of child-related orders. However, a property division—like...
Beth M. JohnsonDec 16, 20191 minBeth talks about family law appeals on the State Bar of Texas Podcast(Beth is introduced at about 34:00)