Texas Divorce, Family Law, and Probate

What Are Grounds For A Fault Divorce In Texas?

Texas is a no-fault divorce state which means that a divorce can be granted without fault by either spouse. Indeed, most divorces in Texas are granted on no-fault grounds. However, in appropriate cases, a spouse may seek divorce based on the other spouse’s fault in causing the breakup of the marriage. Fault Divorce Grounds There […]

Can The Amount of Child Support I Receive Change After My Divorce?

Yes – the amount of child support that you receive can change after your final decree of divorce. However, it does not change automatically just because your former spouse gets a new job, the two of you agree on a difference amount, or for any other reason. Child support obligations may only be modified after […]

Can I Divide My Retirement Account In A Divorce Without Paying Taxes?

Yes, if the transaction is properly structured then you can divide your retirement account in a divorce without paying taxes at the time of division regardless of the type of account. The process for a tax free division in a divorce depends on the type of retirement account that you are dividing. But first, let’s […]

Who Will Divide Our Property in a Texas Divorce?

Most Texas divorce cases will end with an agreement reached between the parties. In these cases, the parties decide how and when property will be divided between the spouses. If the parties reach an agreement on property division, then that agreement will be reduced to writing in the form of an Agreed Final Decree of […]

Are Texas Teacher’s Retirement System Benefits Subject To Division In Divorce?

The Teacher Retirement System of Texas (“TRS”) provides retirement benefits for teacher’s across the State of Texas. It is one of the State’s largest benefit programs. But are those retirement benefits subject to division in a divorce? The answer is, yes, they are subject to division to the extent that they are community property. Note […]

Can My Spouse Avoid Paying Child Support By Quitting His or Her Job?

It is not uncommon for a spouse ordered to pay child support in a Texas divorce proceeding to have a change in income after the divorce. Sometimes that happens for reasons beyond their control, such as layoffs or a need to change their lifestyle following the divorce. But sometimes a parent will attempt to manipulate […]

Can I Revoke The Other Parent’s Visitation Rights If They Do Not Pay Child Support?

The short answer is no, you may not revoke the other parent’s custody rights with the child if do not pay child support in Texas. I’ll explain in more detail below but note first that this issue is not limited to divorce cases in Texas. For example, child support and custody may be determined through […]

Does No Fault Divorce Bar an Unequal Property Division in Texas?

The short answer is no – asking for a no fault divorce does not prevent a spouse from also seeking a disproportionate share of the marital estate as I explain in more detail below. Texas is a no fault divorce state which means that you do not have to prove misconduct by your spouse in […]

Scroll to top