Family Law Appellate Issues

There is a strong presumption in Texas law in favor of marriage. When a question arises as to the validity of a current marriage because of a prior marriage, the presumption says that the current marriage is the one that’s presumed valid. You would think there wouldn’t be very many cases on this issue, but I’ve actually seen a couple recently. Here’s one of those:
Continue Reading Has my marriage been a farce all of these years?

The Texas legislature has responded to the Texas Supreme Court’s recent and controversial opinion in Tedder v. Gardner Aldrich LLP, by enacting House Bill 1366 to clarify a trial court’s power to award attorney’s fees in a suit for divorce.
Continue Reading Texas Legislature Clarifies Ability of Trial Court to Award Attorneys’ Fees in a Divorce in Response to Tedder v. Gardner Aldrich, LLP

This ground breaking case out of the Texas Supreme Court could forever change the way attorney fees are requested, awarded, and recovered by law firms in Texas divorce proceedings by holding that legal fees incurred by a spouse in a divorce proceeding are not “necessaries” (food, clothing, essential medical care, habitation, etc.).
Continue Reading Tedder v. Gardner Aldrich, LLP: Texas Supreme Court Holds Attorney Fees In Divorce Are Not Necessaries Under Spousal Support Statute

Last week the Dallas Court of Appeals issued its opinion in Shilling v. Gough, holding that the trial court erred by awarding attorney’s fees without a proper legal basis. Michelle May O’Neil and I represented Shilling in his successful appeal.
Continue Reading O’Neil & Attorneys Prevail on Appeal: Award of Attorney’s Fees Must Have Proper Legal Basis