Archive for the ‘Uncategorized’ Category

So what would it take to show and Informal Marriage

On September 24, 2018

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Here’s an amazing case out of Amarillo.  As background, the Family Code allows for a Court to find that parties have entered into an informal marriage, frequently referred to as common law marriage, if a party shows among other requirements that there was an agreement to be married.  (Texas Family Code 2.401). In Pedron v. Harvery, […]

Recovering a Child’s Money in a Divorce

On September 21, 2018

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The Family Code allows for a spouse to be reimbursed when another spouse improperly disposes of community property, but makes no allowance for when a spouse improperly disposes of a child’s property.  Furthermore, the Family Code does not codify how to divide a child’s estate in a divorce other than to create a duty for […]

Immigration Status is Not Grounds to Void an MSA

On September 18, 2018

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The Houston Court of Appeals has found that the defense of illegality does not void a Mediated Settlement Agreement.  As background, any contract or agreement may be voided if it’s illegal.  You can’t for example enforce a contract to rob a bank.  In In re Marriage of Quinones, husband and wife signed a mediated settlement agreement […]