Divorce | bethmjohnson

Beth's Blog Archive

The emailed version of Beth's Blog provides summaries of recent Texas case law, focusing on a chosen family law issue plus a short article on that particular focus. Below, you can "Narrow by topic" (child support, trial tips, divorce, etc.) to browse the archive. The archive here includes the focus articles from Beth's Blog emails. For the case updates, sign up for emails in the box below. Feel free to reach out if there is a specific topic you'd like covered in a future post.

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Beth M. Johnson

Jan 17
5 min

Post-Divorce Property Issues

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)....

Beth M. Johnson

Aug 23, 2022
5 min

Motions for New Trial

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...

Beth M. Johnson

Jan 25, 2022
4 min

Arbitration Agreements

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

Beth M. Johnson

Jan 4, 2022
5 min

Appellate Attorney’s Fee Awards

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

Enforcing Mediated Settlement Agreements

Beth M. Johnson

Nov 16, 2021
5 min

Enforcing Mediated Settlement Agreements

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

Beth M. Johnson

Oct 26, 2021
6 min

When 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. Johnson

Sep 28, 2021
3 min

Characterization of Marital Property

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

Spousal Maintenance and Contractual Alimony --- Which is Right for Your Case?

Beth M. Johnson

Aug 24, 2021
3 min

Spousal 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...

Scope of Judicial Notice Can be Waived Absent an Objection

Beth M. Johnson

Jul 20, 2021
3 min

Scope of Judicial Notice Can be Waived Absent an Objection

Judicial 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. Johnson

Jul 9, 2021
3 min

Contempt and Specificity of Orders

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

Family Violence: Conservatorship and Protective Orders

Beth M. Johnson

May 4, 2021
3 min

Family Violence: Conservatorship and Protective Orders

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

Default Orders Must Be Supported by Evidence

Beth M. Johnson

Mar 9, 2021
2 min

Default Orders Must Be Supported by Evidence

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,...

Beth M. Johnson

Feb 1, 2021
0 min

Offers of Proof to Avoid Waiving Appeal

Beth M. Johnson

Jan 26, 2021
2 min

Discovery Issues and Mandamus Review

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

Beth M. Johnson

Oct 20, 2020
3 min

Restricted Appeals Can Be an Effective Tool to Undo Default Judgments

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...

Beth M. Johnson

Sep 2, 2020
3 min

Property Orders Cannot Be Modified, BUT There Might Be Room for Clarification

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

Beth M. Johnson

Dec 16, 2019
1 min

Beth talks about family law appeals on the State Bar of Texas Podcast

(Beth is introduced at about 34:00)

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