Family Matters

Latest rulings, news and developments from R. Shane McFarland and industry-wide experts.

Problems with Post-Divorce Sale of a Home

It's common to enter complete a divorce before a marital residence is sold, but it's important to be specific about the terms of the sale including when the house will be sold and how to determine the sale price.  Here's a case that illustrate why. In Vara v. Vara,...

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Recovering a Child’s Money in a Divorce

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...

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Immigration Status is Not Grounds to Void an MSA

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...

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An Amicus Attorney May Not Also Be A Mediator

It's not uncommon for an Amicus Attorney or Guardian Ad Litem to assist in settling contentious divorce or child custody proceedings. This, however, does not allow them to take on the role of mediator per the Tyler Court of Appeals.  In In re E.B. (Tyler Court of...

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Helpful Links

Travis County District Courts
Biographies of Judges, local court rules and other useful information.

Travis County Standing Order
This order is entered concurrently with the filing of divorce and child related lawsuits in Travis County.

Williamson County Courts
Biographies of Judges, local court rules and other useful information.

Hays County Court
Biographies of Judges, local court rules and other useful information.

Hays County Standing Order
This order is entered concurrently with the filing of divorce and child related lawsuits in Hays County.

State Bar of Texas
The official site of the organization of attorneys in Texas.