W. Tyler Moore, PC

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Premarital property agreements in family law cases

Premarital property agreements in family law cases are becoming more commmon in Texas.  People are marrying later in life than in the past, after they have acquired assets and have net worth they may want to protect.  Texas law recognizes the validity of premarital and postmarital property agreements in divorce cases. The validity depends on whether or not the agreements follow the statutory requirements for either a premarital or postmarital agreement.  The requirements are not the same.

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.

Absent a marriage there is no community property to divide

Absent a marriage, there is no community property to divide when the relationship ends.  If couple has a ceremonial marriage by a judge or by a minister or priest, there may be community property.  If a couple meets the requirements for a common-law marriage, in Texas, there may be community property to divide.  This is so whether the marriage is between heterosexual couples or same-sex.  

Child custody requires a court order

Child custody requires a court order.   What happens when a parent with custody drops the child off and says he/she now no longer wants custody? Just because the parent with custody of the child drops the child off and says he/she no longer wants custody, that won't prevent the parent from later demanding the return of the child.  Custody orders remain in force until they are modified by the court with jurisdiction over the child.  Visit www.wtylermoore.com for more information or call 713-929-2242 and ask for W Tyler Moore.

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“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.

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