The Texas Legislature convenes every two years, with 2019 being one of those. Each session, proposed new laws get introduced that will affect family law in Texas. It is expected that a bill will be introduced to remove no fault divorce and require proof of fault grounds for all Texas divorce and extend the waiting period to finalize a divorce (currently 60 days). Neither of these proposals are expected to gain much traction. Reform of the child protective services system will, however, be a hot topic for the legislative session given all of the litigation there has been criticizing how CPS handles matters ineffectively.Continue Reading Changes from 2018 and looking ahead to 2019 for Texas family law
A client recently asked about divorcing her husband who was pending felony criminal charges. Texas is generally a no-fault divorce state. This means that one spouse may seek and be granted a divorce based solely on the irreparable breakdown in the marriage relationship without showing anything else. However, Texas allows for a fault-based divorce decreed
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This case law update focuses on Alvarez v. Alvarez, an April 2015 case out of the San Antonio Court of Appeals. Husband filed for divorce on the no-fault grounds of insupportability. Wife answered but failed to appear at the final trial setting. At the default prove-up, Husband failed to state grounds for divorce. Generally,