Diane St. Yves - Board Certified - Family Law
Texas Board of Legal Specialization
Call (281) 501-1558

Benavides v. Benavides:  The Fourth Court of Appeals in San Antonio upheld summary judgment granted in the trial court finding, through a well-analyzed and step-by-step process, that distributions from a family mineral trust are separate property.

Schmitt v. Schmitt:  The 308th District Court found that, even if federal retirement benefits paid to a former spouse by the Office of Personnel Management are not the full amount awarded in the final decree of divorce, the paying spouse is obligated to pay the remaining balance directly to the former spouse.

Finn v. Finn:  The 257th lifted a geographic restriction for a mother who requested permission to move out of the geographically restricted area after the father falsely testified as to the visitation schedule he had with the child and the child expressed his wishes to move in chambers.

In re: Zegar:  After Mom refused to turn over the child’s passport and testified that there were no circumstances under which she would do so, the 257th Court awarded the Father possession of the child’s passport for future travel.

Estate of Shade:  The probate court in Galveston County, Texas found no existence of a common law marriage after hearing days of testimony wherein a boyfriend was asserting common law marriage with the decedent.  The Court found that the boyfriend’s representations immediately following her death along with a video recording after her death and the absence of any evidence to the contrary obviated any possibility of common law marriage.  The Court subsequently sanctioned the boyfriend’s behavior awarded fees and costs to the Applicant/Administrator of the Estate.

Sang v. Sirimanotham:  The Court found the existence of common law marriage after hearing two days of testimony.  The evidence included information related to the parties’ business, Imperial Café, the maintenance of the parties as husband and wife on numerous legal documents, and that the parties continued to reside together as husband and wife after a previous divorce was granted.  The Court awarded $40,000 in attorney’s fees to be paid to the Law Office of Diane St. Yves, PLLC.