W. Tyler Moore, PC

Posts tagged "#propertydivision"

Enforcing property divisions

Enforcin property divisions in a divorce case is a common problem.  Although Chapter 7 of the Texas Family Code gives a divorce court wide latitude in dividing the marital property, it doesn't provide tools for the judge to make sure the property division is accomplished. Chapter 9 of the Texas Family Code is the source of the tools available to a judge for enforcing property divisions.  Although Chapter 9 prohibits a judge from making substantial revisions to a decree which awards property, it does allow a judge to clarify his prior order so that it may be enforceable by contempt which allows a judge to jail or fine a party that ignores his order. 

Is adultery a property divisionissue in Texas divorces?

Is adultery a property division issue in Texas divorces?  Adultery may be the reason for a divorce in Texas if the spouses cannot reconcile their differences.  As a practical matter, adultery is one of the factors a judge may consider in making a disproportionate division of the marital estate along with a variety of other factors such as disproportionate earning capacity of the spouses, the respective needs of the spouses, and other factors.  It is a fact that the issue of adultery may be considered by cynical lawyers and judges as a question of the chicken or the egg. In other words, judges may not consider adultery as a key issue unless the children are exposed to the paramour.  That being said, it's good to have ammunition such as proof of adultery if it exists.

Is adultery a property divisionissue in Texas divorces?

Is adultery a property division issue in Texas divorces?  Adultery may be the reason for a divorce in Texas if the spouses cannot reconcile their differences.  As a practical matter, adultery is one of the factors a judge may consider in making a disproportionate division of the marital estate along with a variety of other factors such as disproportionate earning capacity of the spouses, the respective needs of the spouses, and other factors.  It is a fact that the issue of adultery may be considered by cynical lawyers and judges as a question of the chicken or the egg. In other words, judges may not consider adultery as a key issue unless the children are exposed to the paramour.  That being said, it's good to have ammunition such as proof of adultery if it exists.

In Divorce can a spouse throw the other out of a house

Can a spouse throw the other out of a house in an argument ?  Short answer is "no", even in a divorce situation. One spouse may seek to exclude the other spouse from the house only by court order.

update on Harris County Courts

The full division of Family Trial Courts are open and operational today, including uncontested dockets, ancillary dockets and already scheduled trial dockets.  Call the court in which your case is set to determine start time.

Child custody evaluations

Child custody evaluations by trained psychologists are a consideration in child custody suits if you have the time and money to spend on them.  It takes an experienced child custody lawyer to know if such an evaluation might be appropriate in a particular case. Clients' personalities and "warts" may indicate an evaluation is definitely not the way to go.  Talk to W Tyler Moore at 713-929-2242 to set up an appointment to discuss your custody situation.

Divorce in a community property state

Texas is a community property state. This fact has very little bearing on most aspects of someone's life. For someone who is considering divorce, however, the fact that Texas is a community property state is very important. Below we will discuss the impact of Texas' community property laws on divorce.

Email Us For A Response

Contact

Start With A Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Hear From Our Clients

“Grimm Collections utilized Mr. W. Tyler Moore for a very complicated matter of litigation regarding non-payment of freight invoices to one of our clients local to the Houston area. I’ve worked with many attorneys throughout the United States on many litigation matters and the biggest deficiencies are lack of industry knowledge and poor communication/follow up…� - D.M.

Read More
  • Avvo - Rate your Lawyer. Get Free Legal Advice.
  • Avvo Clients' Choice 2012 Lawsuits & Disputes
  • Avvo Rating 10.0 Superb Top Attorney Lawsuits & Disputes
  • Avvo Top contributor 2013 Lawsuits & Disputes
  • AV Preeminent Martindale-Hubbell Lawyer Ratings
  • H Texas Houston's Top Lawyers 2014
  • Lead Counsel Rated Attorney
  • Nation's Premier | NAFLA | Top Ten Ranking 2014
  • Board Certified Texas Board Of Legal Specialization Civil Trial Law Family Law