Family Law Flashcards

Under Texas law, what is the primary threshold eligibility requirement for an award of spousal maintenance?

Answer: The marriage lasted at least 10 years and the requesting spouse lacks sufficient property to provide for minimum reasonable needs

Texas Family Code §8.051 generally requires a marriage of at least 10 years and that the claimant spouse lack sufficient property, including their separate property, to meet minimum reasonable needs.

For a marriage that lasted between 10 and 20 years, what is the maximum duration of a Texas spousal maintenance award?

Answer: 5 years

Texas Family Code §8.054(a)(2) limits spousal maintenance to a maximum of 5 years for marriages that lasted at least 10 but less than 20 years.

What formal requirements must a Texas premarital agreement satisfy to be enforceable?

Answer: It must be in writing and signed by both parties; no consideration beyond the marriage is required

Texas Family Code §4.002 requires only that a premarital agreement be in writing and signed by both parties; the marriage itself serves as sufficient consideration.

Under what circumstance is a Texas premarital agreement unenforceable?

Answer: The party against whom enforcement is sought proves the agreement was not signed voluntarily

Texas Family Code §4.006 provides that a premarital agreement is unenforceable if the challenging party proves it was not signed voluntarily or that it was unconscionable when signed and the party lacked fair disclosure.

What is the maximum initial duration of a temporary ex parte protective order issued in a Texas family violence proceeding?

Answer: Up to 20 days

Texas Family Code §83.001 limits a temporary ex parte protective order to no more than 20 days, with a possible extension for an additional 20 days on good cause.

Under Texas Family Code §85.025, what is the maximum effective period for a final protective order in a family violence case?

Answer: 2 years, unless a lifetime order is warranted by specified circumstances

Texas Family Code §85.025 provides that a protective order may not exceed 2 years, but a lifetime order is available when the respondent has been convicted of or charged with certain serious offenses.

Which of the following matters may a Texas premarital agreement validly address?

Answer: Modifying or eliminating spousal maintenance rights upon divorce

Texas Family Code §4.003(a)(3) expressly permits a premarital agreement to modify or eliminate spousal support (maintenance) rights that would otherwise arise upon divorce.