In the last year, there were quite a few appeals of cases to enforce property divisions. While there were not any fundamental shifts in the law, the courts further refined the existing law, and issued opinions that should serve as reminders for the family-law practitioner. Courts interpret divorce decree language as they do other judgments. Hagen v. Hagen , 282 S.W.3d 899, 901 (Tex. 2009). “As with other final, unappealed judgments which are regular on their face, divorce d

As part of any divorce, the court must divide the community estate in a manner it deems to be just and right, having due regard for the rights of the parties and any children of the marriage. Tex. Fam. Code § 7.001. To complete this task, the trial court needs to be presented with values of the parties’ assets and liabilities. See Cervenka v. Cervenka , 672 S.W.3d 814, 818 (Tex. App.—Corpus Christi–Edinburg 2023, no pet.); Fuentes v. Zaragoza , 555 S.W.3d 141, 164–65 (Tex. Ap

The Texas Family Code statutes addressing reimbursement claims in divorce proceedings were completely rewritten in the last legislative...

Once a divorce is final, the trial court lacks any authority to modify that final decree’s property division. Tex. Fam. Code § 9.007(a)....

New trials may be granted and a judgment may be set aside for good cause. Tex. R. Civ. P. 320. Ineffective Service A defendant can...

Divorces and SAPCRs can be resolved through arbitration proceedings. See Tex. Fam. Code §§ 6.601, 153.0071(a). Generally, an agreement by...

Appellate courts generally do not award fees. For an appellee to be awarded fees, the appellee generally must file a cross-appeal because...

In family law, the Texas Legislature has made mediated settlement agreements (“MSAs”) binding on the parties if the MSA provides, in a...

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...

Because Texas is a community-property state, all marital property is characterized and “separate,” “community,” or “mixed.” See Hilley v....

A court can order one party to provide periodic financial support for the other after a divorce. Tex. Fam. Code ch. 8 (“Spousal...

Judicial notice can be a time-saving method to get evidence that has been previously presented into the current record. See Tex. R. Evid....

An order for contempt must be supported by a reasonably specific underlying order. To hold a party in contempt for violating a court...

In a suit for conservatorship, a trial court must consider the best interest of the child and should consider applicable Texas public...

In 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,...

The new discovery rules are on everyone’s minds as we begin 2021. For the most part, discovery rulings are “incidental” rulings not...

We 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...

There is an entire chapter of the Texas Family Code devoted to modification of child-related orders. However, a property division—like...

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