Author Archives: LaMorgese Family Law
Iron-Clad? Why a Premarital Agreement in Texas is Often Three Documents
Last night, I had the opportunity to present my paper, “Drafting Iron-Clad Premarital and Postmarital Agreements in Texas“, to the Annette Stewart American Inn of Court in Dallas. In preparing the paper and presentation, I kept coming back to a basic question: What actually makes a marital agreement “iron-clad”? My answer is not simply… Read More »
Valuing A Texas Business In Divorce: Commercial vs. Personal Goodwill Explained
When a closely held business becomes part of a Texas divorce, determining what the company is worth can become one of the most consequential financial questions in the case. Balance sheets, equipment, receivables, real estate, and other tangible assets are comparatively straightforward to identify. The more difficult question is often how much of the… Read More »
Tracing Separate Property: How To Protect Your Pre-Marital Wealth In A Texas Divorce
If you are going through a Texas divorce with significant wealth you earned before marriage, the main question is not just what you owned when you got married. The bigger challenge is proving where that wealth ended up after many years. For example, you might have moved a brokerage account to a new institution,… Read More »
Why Texas Community Property Does Not Guarantee A 50/50 Divorce Split
Texas is widely described as a community property state, and that description sometimes creates the mistaken impression that divorce automatically means dividing everything accumulated during the marriage equally. Texas law does not impose that rule. Community property determines which assets and liabilities generally belong to the marital estate, but a different legal standard governs… Read More »
Texas Supreme Court Rejects Comity for Pakistani Talaq Divorce Obtained Without Notice
Texas Supreme Court International Comity Decision Case: Hira Azhar v. Mohammad Ali Choudhri, No. 24-0939 (Tex. Sept. 25, 2026) (per curiam). Court: Supreme Court of Texas. Opinion Delivered: September 25, 2026. Disposition: Petition for review granted; court of appeals reversed and case remanded. Not Participating: Justice Huddle and Justice Young did not participate. The… Read More »
What Counts As International Parental Child Abduction?
International travel is now a regular part of family life. Parents may move for work, keep relationships across countries, or have relatives living abroad. While these situations can benefit children, they can also lead to difficult legal problems if parents disagree about where a child should live. One of the most serious issues is… Read More »
Parent Relocation Disputes In Texas
Relocation after separation or divorce is one of the most uncertain issues in family law. One parent may see moving as the best choice because of a new job, marriage, or wanting to be closer to family. For the other parent, though, relocation can make it much harder to stay close to their child…. Read More »
Emergency Motions In Texas Divorce Cases
Divorce cases do not always follow a set timeline. While most issues can wait for scheduled hearings or settlement talks, some situations need quick court action. If something unexpected puts a spouse’s finances, parental rights, or safety at risk, waiting for a regular hearing may not work. Texas law lets people ask for fast… Read More »
What Evidence Matters Most In Texas High-Net-Worth Divorces?
High-net-worth divorces are not decided by emotion alone. While all divorces involve personal and family matters, those with significant wealth depend heavily on the quality, organization, and credibility of the evidence. Business interests, investments, executive pay, real estate, trusts, and separate property claims often need detailed financial analysis that goes far beyond just looking… Read More »
International Divorce In Texas: What Happens When One Spouse Lives Overseas?
International divorce cases bring unique challenges that aren’t found in typical divorce proceedings. Every divorce involves decisions about property, finances, and family, but adding another country makes things more complex. Questions that are simple in a domestic divorce can become much harder when one spouse lives outside the United States, owns assets abroad, or… Read More »