A July 2025 case from the Houston Fourteenth Court of Appeals provides a great summary of constructive fraud in a divorce and includes useful examples of shady financial actions by a spouse that create a presumption of constructive fraud. This case even holds that the husband taking the children of the marriage on trips without […]
A corporation that owns a building and a bank account might be community property owned by both spouses, but the building and account are the property of the corporation. In a divorce, the court can divide or award the ownership interest in the corporation, but the court cannot award the building to the husband and […]
Some life insurance policies have cash value that can be considered in a divorce. Types of life insurance policies with cash value include whole life, universal life, variable life, and indexed life insurance. Click here for an article that explains these types of insurance. A term life insurance policy may have an owner, but it […]
Grandparents can seek custody of their grandchildren in serious situations where the the behavior of the child’s parent will “significantly impair the child’s physical health or emotional well-being.” In Texas, grandparents almost never can win cases to just get a little visitation with a grandchild. However, if the child’s parent is dangerously mentally ill, is […]
A recent case from the Dallas Court of Appeals reminds us that the presumption in Sec. 153.131 that parents should be appointed joint managing conservators of the child only applies in original suits and not in modification cases. In re L.G., 05-24-00764-CV (Tex. App. – Dallas, Oct 08, 2024)(mem. op.) states: Section 153.131 provides that, […]
In Texas, the maximum amount of guideline child support is based on a percentage of the maximum amount of monthly net resources, which is currently $9,200 (this amount can increase because of inflation). The percentage that is applied to the net resources is based on the number of children. Roughly, $12,184 per month of gross […]
The three day deadline to serve a notice of hearing is calculated by not counting weekends and holidays, so in situations where no holiday is involved, the deadlines are: Hearing is on…. Deadline to e-serve notice of hearing is… Monday Prior Wednesday Tuesday Prior Thursday Wednesday Prior Friday Thursday Prior Monday Friday Prior Tuesday These […]
A Texas limited liability company (LLC) is owned by members and managed by members, managers, or both. A Texas LLC can have one member or more than one member. This article describes Texas law. LLC’s formed in other states may be subject to slightly different rules and filing requirements. The Certificate of Formation filed with […]
Are you unhappy in your marriage and want to get a divorce? Dealing with a divorce is never easy, but you’re doing what’s best for you! And, if this is your first marriage, you may not know about the legal process or how to find the right divorce lawyer to handle the proceedings. Even though […]
When you find yourself stuck deciding who gets the house during a divorce, you’ll need legal assistance. While the payments made on the house and the upkeep of the house are all decided at the beginning of the divorce process, deciding who gets the home is much more difficult and often feels personal. If the […]
