Episode Summary

Melinda Eitzen talks with Hunter Lewis, a partner at Duffee + Eitzen, about the realities of litigation in family law cases. They explore what effective litigation really looks like—from client preparation and pleadings to evidence, trial strategy, and appellate considerations.

Hunter explains why honesty and full transparency from clients are essential to building an effective litigation strategy. Because courtrooms are an unnatural environment, thorough preparation and storytelling rooted in truth are critical. Melinda and Hunter also discuss the importance of properly drafted pleadings, handling cases involving family violence, navigating varying county evidence rules, and preserving the record for appeal. This episode provides a practical look at what goes into strong family law litigation from start to finish.

About the Guest

Hunter Lewis is a partner at Duffee + Eitzen and an experienced family law litigator.

Key Takeaways About Litigation in Family Law

● Client Transparency Matters: Clients help their attorneys most by sharing everything—not by trying to leave a good impression. Effective litigation relies on complete information to build strategy and tell the client’s story.

● Preparation Is Critical: Court is an unnatural environment. Thorough client preparation helps reduce uncertainty and improves courtroom performance.

● Honesty Wins: The most effective litigation strategies are rooted in truth. Taking ownership of the facts builds credibility, and judges respond to honesty.

● Pleadings Can Decide a Case: Poorly drafted pleadings can eliminate claims or entire cases. Pleadings must align with statutory requirements and be specific enough to preserve appellate rights.

● Evidence Rules Vary: Evidence rules can differ by county and court. Staying current with local rules is critical—failure to do so can result in excluded evidence.

● Motion for Directed Verdict: This motion argues the opposing party has failed to meet their burden of proof and is made after the other side rests but before presenting your case.

● Protecting the Record: Proper record-keeping is essential to support appeals or prevent them altogether. A clean record can make or break an appellate outcome.

Melinda sits down with family law attorney Philip Moore to explain summary judgments and their role in family law cases. Summary judgments allow a judge to rule without a full trial when the facts aren’t in dispute, helping resolve cases quickly and efficiently.

Philip discusses how summary judgments are used in both divorce cases and post-divorce modification actions. They explore what constitutes a substantial change in circumstances for modifications, the types of motions available, and timing considerations under Texas rules. The episode also covers drafting strategies, how judges review summary judgments, and practical advice.

About the Guest:

Philip W. Moore, Jr. is a family law attorney of Moore Family Law practicing in Frisco, Tx. To contact, please call (214) 764-8033 or visit Frisco Divorce Attorney | Moore Family Law, P.C.

Key Takeaways About Summary Judgements in Family Law:

- Definition: Summary judgments are a procedural tool used when the facts are undisputed and no genuine issue of material fact exists. The judge can rule as a matter of law without a trial.

- Purpose: They help avoid jury trials, resolve cases early, and streamline litigation.

- Applicable Cases: Used in divorce cases and post-divorce modifications.

- Modifications: Only substantial changes qualify, such as serious health issues, abuse, or parent arrests. Normal life events like children aging, minor schedule changes, or remarriage usually do not meet the threshold.

- Types of Motions:

- Traditional Summary Judgment: Can be filed anytime after the party has appeared.

- No-Evidence Motion: Can be filed when the opposing party has produced discovery; must be filed at least 21 days before the hearing.

- Reply: Allows the moving party to respond if the opposing side has produced discovery that still fails to establish a material fact.

- Drafting Considerations: Include statements, intentions, or acknowledgments regarding foreseeable changes when preparing orders.

- Judge Preferences: Some judges prefer detailed written submissions, while others also allow oral presentations at the hearing.

- Timeline Rules:

- 21 days’ notice before the hearing is required.

- Responses are due 7 days before the hearing.

- No strict deadline exists for replies to the response under Texas Rules of Civil Procedure.

Notable Quotes About Summary Judgements:

“Summary judgments are a way to resolve cases when the facts aren’t in dispute—saving time and avoiding a jury trial.”

“Only substantial, material changes rise to the level required for modification—things like health issues, abuse, or arrests, not minor life events.”

“Judges vary: some like to read all submissions in advance, others want a clear oral presentation at the hearing.”

In this episode, Melinda sits down with fellow Duffee+Eitzen partner, Jodi Bender, to discuss her Texas Supreme Court family law case, what that process was like, and how it now impacts family law across Texas.

Key Takeaways from the Episode

Texas Court Structure:
· Three levels: trial court, appellate court, and Texas Supreme Court.
· Less than 10% of cases requested for review by the Supreme Court are actually heard.

Appeals Are Not a “Do-Over”:
· No new witnesses or arguments are presented.
· The appellate court reviews legal errors made during trial (e.g., evidence wrongly excluded or admitted).
· Attorneys must show that the error was harmful to the case and preserve the issue in the record with an offer of proof.

Importance of Record-Keeping:
· Maintaining a clear and detailed trial record is essential for a successful appeal.
· Appeals can take years to resolve.

Jodi’s Case Overview:
· Involved property division — specifically whether a bonus earned during marriage was community property or separate property.
· Jodi argued the bonus was community property because it was accrued during the marriage and tied to the husband’s performance.
· The Texas Supreme Court agreed with Jodi, ruling that the bonus should be considered community property.

Impact of the Ruling:
· Clarified that compensation outside of salary (e.g., bonuses, stock options, fringe benefits) must be evaluated based on when it was earned, not when it was received.
· Addressed potential gamesmanship, where individuals could manipulate salary and bonuses to affect property division.
· Although Jodi’s case did not create new law, it provided a new interpretation and clarification of existing statutes.

Broader Implications for Family Law:
· Influences mediation and settlement negotiations, as bonuses and deferred compensation must be analyzed carefully before trial.
· Reinforces the importance of understanding each party’s compensation structure in divorce cases.
· Connects to new family code legislation that includes formulas for deferred compensation but still leaves ambiguity on handling bonuses.

About Jodi Bender Today:
· Continues to practice family law and head the Witchia Falls D+E location, as well as, Dallas metro area.
· Has expanded her work to include mediation as a mediator herself.

Litigation Update: 2025 Family Law Reforms in Texas

Melinda sits down with Duffee + Eitzen associate attorney, Devin Kerns, who breaks down the most important 2025 updates to Texas family law. The changes impact child support, protective orders, non-parent rights, and enforcement provisions—each reshaping how courts prioritize safety, parental authority, and long-term family outcomes.

About the Guest

Devin Kerns is an associate attorney at Duffee + Eitzen in Dallas, TX.

Child Support

• The net resources cap for child support has increased from $9,200 to $11,700 per month, reflecting a 27% rise.
• The standard calculation remains: 20% of the paying parent’s monthly income for one child.
• Parents can still negotiate individual child support agreements, but those exist alongside the statutory increase.
• The Texas Attorney General’s Office continues to review child support cases at no cost.

Protective Orders

• A Protective Order (PO) now takes legal priority over any custody or divorce decree in place.
• SAPOs (Stalking/Abuse Protective Orders) automatically last two years.
• The showing that violence was likely to recur is still no longer required.
• Transfers to divorce court are now mandatory (previously discretionary) unless the court determines that doing so would endanger the protected party’s safety.

Non-Parent Rights

• The definition of “non-parent” includes stepparents, grandparents, aunts, uncles, and other non-biological or non-adoptive caregivers.
• Texas has tightened the standard for non-parent standing in custody or access cases.
• Previously, standing required actual care, control, or possession of a child for at least six months.
• The new statute replaces “actual” with “exclusive,” although this term is undefined by the statue.
• The stepparent statute granting standing after the death of a biological parent has been completely repealed.

Fit Parent Presumption

• The fit parent presumption now carries stronger legal protection for biological and adoptive parents.
• Courts require clear and convincing evidence to override parental rights, now clarifying the application burden of proof.
• Non-parents cannot overcome this presumption by referencing prior agreed orders or informal arrangements.
• This shift reinforces that parental autonomy and decision-making remain the court’s priority unless substantial evidence shows otherwise.

Enforcements

• A new “Three Strikes” provision increases accountability for repeated violations of court orders.
• After three prior contempt findings for violating a possession or access order, the fourth violation:
  • Constitutes a material and substantial change, providing grounds for modification, and
  • Requires commitment to jail.
• In effect, four deliberate violations of a court order now lead to incarceration.

Quotes from the Discussion

“Litigating in a family is very different than litigating between two business partners.”

— Devin Kerns, Associate Attorney, Duffee + Eitzen

“The court is not interested in getting into the personal decision-making of a parent.”

— Devin Kerns, Associate Attorney, Duffee + Eitzen

In this episode, Melinda Eitzen sits down with probate and estate planning attorney David Pyke to explore the crucial intersection between family law and estate planning. From prenuptial agreements to wills, powers of attorney, and post-divorce updates, they discuss how proactive planning can protect your assets, your family, and your future.

About Guest:

David Pyke is a probate and estate attorney at Pyke & Associates in Dallas, TX. To contact David visit their website at dallasprobatelaw.com.

Main Takeaways

• Prenups and postnups (marital property agreements) help define ownership and prevent conflicts between estate and divorce outcomes.
• Having a will isn’t enough—without a marital property agreement, assets acquired during marriage are presumed community property.
• Record keeping matters: keep digital copies of financial statements as proof of separate assets.
• After divorce: always update your will and beneficiaries—divorce automatically voids gifts in a will.
• Trusts and powers of attorney are essential tools for complex estates or when planning for incapacity.
• Review your estate documents every five years or after major life changes like death, divorce, or incapacity.

Quotes from the Episode

“All marriages end—either in death or divorce—and the legal ramifications are the same. So, do you have rules?” – David Pyke
“Community property with your name on it means nothing.” – David Pyke
“It’s never fine to do nothing, because the law says divorce voids any gift in a will.” – David Pyke
“If someone says there’s a way to avoid income taxes, fold up your pocketbook and run.” – David Pyke

What does it really mean to pursue a true collaborative divorce? In this episode, Melinda sits down with fellow collaborative law attorney, Lisa Marquis, to break down the difference between simply having an “agreeable divorce” and engaging in Big C Collaborative Law—a structured process that puts families, not the courthouse, at the center of resolution.

We cover:

• Why collaborative law is different from litigation (and why it’s not just “amicable divorce”).

• The benefits: more control over timing, privacy, creativity in solutions, and often lower financial and emotional costs.

• The role of neutral professionals—financial and mental health experts who guide families without taking sides.

• Common myths, including how collaboration can still work when challenges like substance abuse or mental health issues are present (with treatment in place).

• When collaboration is not appropriate, including situations involving domestic violence or active protective orders.

At its core, collaborative divorce is about helping people who don’t agree—but want to. It’s a path toward peace of mind, healthier dynamics, and solutions tailored to your family’s unique needs.

Quotes:
“Collaborative is a process for people who do not agree but want to” - Melinda Eitzen

“It is a process for people who do not agree and have a desire to do what is best for their family and need a little help” - Lisa Marquis

"The power of the neutral voice" - Melinda Eitzen

"People who cannot collaborate, are if they are crazy, actually crazy; not divorce crazy because we all feel a little crazy when divorcing." - Melinda Eitzen

Melinda sits down with child therapist Dr. Dean Beckloff. They discuss the benefits of play, art, and activity-based therapies at different developmental stages, when it should be considered and why early intervention can make a lasting impact. The conversation covers everything from emotional regulation in parents, to recognizing signs a child may need support, to navigating the “loyalty bind”. Don’t miss this and more on this Episode of The Melinda Eitzen Show.

Listen on your favorite podcast platform or watch on YouTube.
Contact Dr.Dean at www.drbeckloff.com or call (972) 250-1700

#FamilyLaw #ChildCounseling #MelindaEitzenShow #DivorceSupport

Melinda talks to Laura Roach, a fellow family law attorney, about substance use and abuse and how it affects family law cases. It’s not uncommon for family law cases to involve some kind of substance abuse whether its alcohol or drugs to even gambling and shopping, addiction will affect law cases. Laura Roach is a DFW family law attorney who opens up about her own struggle with alcoholism and the realities those who struggle face. They dive into the misconceptions about being active in addiction while dealing with family law cases and discuss a better path forward. All of this and more on this episode of the Melinda Eitzen show

About the Guest

Laura Roach is a family law attorney in Frisco, TX. To find out more and hire or contact Laura, email lroach@mccathernlaw.com.

Key Takeaways About Substance abuse and family law

● Substance abuse—whether drugs, alcohol, gambling, or compulsive behaviors—is common in family law cases.

● Ego and denial can prevent people from getting help, often worsening legal consequences.

● Judges respect honesty. Having a recovery plan in place can influence custody and court decisions positively.

● Addiction doesn’t go away on its own, its progressive and requires intervention.

● Recovery and being a good parent can happen at the same time.

● Therapy helps. Always.

Notable Quotes About Substance Abuse and Family law

“Some kind of addiction of some sort, alcohol, drugs, sex, shopping, gambling, those are all pretty relevant in most family law cases” - Laura Roach

“it's humility, you have to be humble and accept that you have a problem” -Laura Roach

“I was raised, you can fix any problem, you can do this, don’t depend on anybody else, don't do all that, but that is actually a liability “- Laura Roach

“Break the delusion. If you go to court, in that delusion, the judges are going to see right through you.” -Laura Roach

“Judges will forgive anything if you take personal responsibility and are on a path to solve the problem. You get to be a parent while in active recovery—not in denial.”

“Addiction is the only disease that kills you and tells you that you don’t have it.” -Laura Roach

“Values, thoughts, and actions in alignment equal happiness.” – Socrates”-Laura Roach

“Therapy can help everyone.” -Laura Roach

“You get to be an active and good parent while in recovery, but they do not like it when you’re in denial”