Search
Changes to Reimbursement Statutes for Just and Right Division of Community Estate in Divorce
The Texas Family Code statutes addressing reimbursement claims in divorce proceedings were completely rewritten in the last legislative...
Beth M. Johnson
Jan 23, 20244 min read
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
Jan 17, 20235 min read
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
Aug 23, 20225 min read
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 25, 20224 min read
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...
Beth M. Johnson
Jan 4, 20225 min read
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
Nov 16, 20215 min read
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
Oct 26, 20216 min read
Characterization of Marital Property
Because Texas is a community-property state, all marital property is characterized and “separate,” “community,” or “mixed.” See Hilley v....
Beth M. Johnson
Sep 28, 20213 min read
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...
Beth M. Johnson
Aug 24, 20213 min read
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 20, 20213 min read
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...
Beth M. Johnson
Jul 9, 20213 min read
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...
Beth M. Johnson
May 4, 20213 min read
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
Mar 9, 20212 min read
Beth M. Johnson
Feb 1, 20210 min read
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
Jan 26, 20212 min read
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
Oct 20, 20203 min read
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
Sep 2, 20203 min read
Beth talks about family law appeals on the State Bar of Texas Podcast
(Beth is introduced at about 34:00)
Beth M. Johnson
Dec 16, 20191 min read