If after reasonable diligence you are unable to locate your spouse, it remains possible to have them served with legal process for divorce.  The court must consider an affidavit from the spouse seeking the divorce, or his or her attorney, that describes the due diligence before authorizing "Citation by Publication."

As described in...

The Texas Constitution and the Texas Family Code both provide that spouses may, at any time, agree to dissolve the community/marital estate so that each spouse possesses only his or her separate property.  This is done through a Partition and Exchange Agreement.

The Partition and Exchange Agreement can, among other things, accomplish the following:

Identify...

My previous blog discussed steps that attorneys make take to put a divorce case on pause when the parties wish to attempt reconciliation.  To read my previous blog first, click here.  In this blog, we'll answer the question of how long a case can be on pause.

Here's the answer -- there is no absolute...

Occasionally in divorce, the parties wish to try to reconcile while leaving the suit for divorce active in the Court's system.  The three most common questions are: (1) are there any "official" requirements to put the cause on pause; (2) how long can a case be on pause; and, (3) if we decide...

I get a steady stream of requests from former military spouses and former spouses of Federal Civil Service members for help in obtaining a clarification order that will cause DFAS or OPM to start the former spouse's monthly payments.  Sometimes years have gone by since the military servicemember of civil servant has retired and...

Our firm has helped many military or Federal Civil Service member who are PCS or deployed overseas handle an array of family law matters such as: Military divorce Federal Civil Service divorce Modification of child custody, visitation or child support Enforcement of conservatorship or access provisions (e.g. right to receive information...

Sometimes in a suit affecting the parent-child relationship (e.g. a custody dispute associated with a divorce or between unmarried parents), the court might appoint an Amicus Attorney or Attorney Ad Litem (and, on rare occasion, both).   The different focus of their respective roles is not well understood.

The focus of an Amicus Attorney...

I frequently get calls from people who filed their own divorce but need help finishing the job. The need for help generally stems from one of two sources: The forms have become overwhelming and confusing; The Bexar County Staff Attorney's Office informs the person that the wait time for a court date...

In my previous post, I introduced the Uniform Child Custody Jurisdiction and Enforcement Act or UCCJEA.  In general, the UCCJEA's central rule is that only the "home state" of the child has jurisdiction to make an initial child custody determination.  The "home state" is the state in which the child lived with a parent...

In a previous blog, I highlighted that military and Federal employees (and their spouses) absent from Texas on public service may still file for divorce in Texas if Texas remains their "domicile" (i.e. permanent home to which they intend to return).  Click here to access that blog post.  The fact that a public...