A Dollar Isn’t a Dollar: Valuing Tax-Affected Accounts in Mediation
A $100,000 retirement account and $100,000 in cash can balance perfectly on the spreadsheet and still be two very different deals. Here’s what to ask about taxes, the QDRO exception, and timing before everyone closes their laptops.
How “Sign Here” Became “Click Here”: Electronic Signatures and Texas Mediated Settlement Agreements
Most of my mediations now close with an electronic signature, in person or on Zoom. The law behind that is older than most people realize, and one question still has no squarely-on-point Texas appellate answer. Here is where things stand and how to protect the agreement.
The Fable of the Shrinking Pie
In a contested divorce, the marital estate is not waiting on a shelf. Duplicate households, accruing debt, market swings, and the cost of the fight itself shrink it month by month. A bigger percentage of a smaller number is not always a win.
The OAG is Not Accepting Direct Payment Affidavits Anymore… (Or Are They?)
A lawyer told me in mediation that the OAG no longer accepts affidavits of direct payment. That isn’t quite right, but the reality matters more: the form is now a certification, and credit for payments made outside the State Disbursement Unit is discretionary, not guaranteed.
School Choice Showdown: How to Allocate Educational Rights in Mediation Under H.B. 2495
H.B. 2495 splits educational rights into three: making educational decisions, designating the school, and enrolling the child. Each must now be expressly allocated, including for joint managing conservators. Here is short MSA language that fits a one-page rights-and-duties table.
Dig Deep: The Foundation for Excellence in Law, Judging, and Mediation
Building On Solid Ground I was reading The Tony Evans Bible Commentary on 2 Thessalonians by Dr. Tony Evans of the Oak Cliff Bible Fellowship in Dallas, Texas. As I read, I was struck by the nexus between having a proper Christian foundation and having a successful mediation. Heck, while we are at it, having […]
Spousal Maintenance Gets Real: Why Mehta Is Your New Go-To Case
The Texas Supreme Court’s June 2025 decision in Mehta v. Mehta (No. 23-0507) is a game-changer for family lawyers and mediators. It grounds spousal maintenance in real-world family realities, not just in spreadsheets. If you’re navigating support for a stay-at-home caregiver or challenging maintenance claims, this case is your new toolkit essential. The Court didn’t rewrite Texas Family […]
Mediation in the Nude: Stripping Down Barriers to Resolution**
Sometimes good, albeit unconventional, ideas emerge from the most unexpected places. Take, for example, a recent suggestion from a highly successful businessman I know – someone well-acquainted with litigation and certainly no stranger to mediation. Over cocktails one evening, completely out of the blue, he floated a rather unorthodox concept for family law mediations: “Mediation in […]
The Stages of a Texas Divorce or Custody Case
While each divorce or custody case is unique, most cases flow from start to finish according to six distinct “Stages.” Of course, not all cases fit perfectly into each stage. It’s not uncommon for the stages to overlap and run concurrently with others. But in general, the following should provide a good understanding of the […]
The New Old Discovery Rules
Introduction Just when you finally wrapped your head around the “New Rules,” along come the “New Old Discovery Rules.” Applicable to family law cases filed on or after September 1, 2023, the New Old Rules remove “required” disclosures and production of documents established by the New Rules, reinstating old rule “requests” for disclosure. Undoubtedly, those who loathe required disclosures will cheer, […]