Family Law Blog

If a Premarital Agreement is not executed correctly, it may not be enforceable at the time that it is needed most. Texas property laws are complicated, and so are the laws regarding the execution and enforceability of premarital agreements.

In 1993, the Texas Legislature changed the law to say that there are now only two ways in which a party can invalidate a premarital agreement:

1. prove it ways signed "involuntarily" ; or
2. prove it was "unconscionable" when it was signed and, before signing the agreement, prove:
   • you were not provided a fair and reasonable disclosure of the property or ...

Insupportability is another name for what is commonly called a “no-fault divorce”. In Texas, you can get a divorce based simply upon not getting along with your spouse anymore. The typical language found in a divorce petition or divorce decree will state that the grounds for divorce are based on a “discord or conflict in personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”

Even if one of the spouses is at fault for the break-up of the marriage, many spouses choose to pursue a divorce based on the ...

If you and your spouse live in different counties, the county in which the divorce is filed is an important consideration. Some counties in Texas have Standing Orders that immediately become effective upon a party when they file for divorce or are served with divorce papers. Standing Orders govern the conduct of the parties while the divorce is ongoing, and typically address issues such as children, property, and communications between the parties.

Additionally, some counties have local rules that will govern some of the details of the divorce proceedings. There may also be some ...

Texas Law requires that one of the spouses must be a resident of the State of Texas for six months in order to get divorced in Texas. Additionally, Texas Law requires that you be a resident of the county that you are filing the divorce in for at least ninety days before filing for divorce.

Both spouses do not have to live in Texas in order to get a divorce in Texas. However, other factors such as the location of children and real estate may make this decision more complicated. If you are facing a divorce in which you and your spouse do not live in the same state or county, you can contact us to discuss ...

Texas is a community property state. This means that all property acquired during marriage and on hand at the time of divorce is community property belonging to both spouses equally. This is true for retirement, 401k, and pension plans too.

Federal law and Texas law combine to provide a non-employed spouse with certain protections of their interest in their spouses retirement plan. During a divorce, it is critical that these dates and values of the retirement plans be properly considered by the parties. Additionally, dividing retirement accounts will require special documents or ...

Trust asset may or may not be affected by a divorce. Trusts take on many different forms, with different provisions regarding the purpose of the trust and they type of distributions to the trust beneficiaries that the trustee may, or must, make. The words in the trust document will be critical in determining how the trust will be affected by a divorce process.

It is essential that you have an attorney who understand how the trust, and the distributions from it, are implicated by the community property laws of the State of Texas. If you or your spouse are going through a divorce with a trust ...