The Texas Family Law Insiders podcast brings together top divorce and family law attorneys and other professionals to discuss issues related to divorce, family law, child custody, child support, paternity, parental rights, grandparents’ rights, adoptions, and family law appeals in Texas.
Texas Family Law Insiders
Claim This Podcastby Holly Draper
5.0(10 reviews)
145 episodes
Updated Weekly
Accepts GuestsHas SponsorsLocation 🇺🇸
Podcast Overview
The Texas Family Law Insiders podcast brings together top divorce and family law attorneys and other professionals to discuss issues related to divorce, family law, child custody, child support, paternity, parental rights, grandparents’ rights, adoptions, and family law appeals in Texas.
Language
🇺🇲
Publishing Since
4/19/2021
1 verified contact email on file for Texas Family Law Insiders
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Recent Episodes
July 22, 2026
Episode 144 | Getting What is Right: Disproportionate Divisions
<p>Just and right does not mean equal — and that misconception trips up more divorce clients than almost any other. In this follow-up to their conversation on fault grounds for divorce, Holly Draper is joined again by her partner at the Draper Law Firm, Carrie Tapia, to dig into disproportionate division of the marital estate: how it works, who gets it, and what it actually takes to plead and prove it.</p><p>Texas is a community property state, but that does not mean the law promises a 50/50 split. The family code calls for a “just and right” division, which really means whatever the judge on your case decides is fair under the circumstances. Holly and Carrie walk through why they set client expectations at an even split as the baseline, why courts are given broad discretion on appeal, and why the biggest swings they have personally seen have landed closer to a 55/45 or 60/40 split — with true outliers reserved for extreme facts or default judgments.</p><p>The heart of the episode is a walk through the Murff factors — the non-exclusive list of considerations from the 1981 Texas Supreme Court case Murff v. Murff that judges may weigh in deciding whether to award more than half the estate to one spouse. Holly and Carrie go factor by factor: fault in the breakup, disparity in earning capacity and education, health and age, the size of each spouse’s separate estate, the nature of the community property itself, benefits from continuation of the marriage, custody of the children, waste or fraud on the community, and disproportionate attorney’s fees. They share which factors actually move the needle with judges in their experience, and which ones sound compelling in theory but rarely tip the scales in practice.</p><p>The conversation also covers the practical side: how to plead a disproportionate division (and why it is worth including even when you are not sure you will pursue it), the different evidence needed to prove each factor — from tax returns and forensic accountants to medical records — and how to run a cost-benefit analysis with clients before spending thousands of dollars chasing a waste claim. Holly and Carrie close with the appeal side of property division: the strict 20-day deadline to request findings of fact and conclusions of law, and common reversible errors like mischaracterization of separate property and double-dipping in how assets are awarded.</p><p><strong><br>In This Episode, You'll Discover:<br></strong><br></p><p>• <strong>Why “just and right” doesn’t mean 50/50 — </strong>how Texas community property law actually works, why courts have broad discretion, and why setting client expectations at an even split protects them from disappointment.</p><p>• <strong>The Murff factors that guide judges — </strong>a full walk-through of the non-exhaustive list from Murff v. Murff, including earning capacity, health, age, separate property, and benefits from continuation of the marriage.</p><p>• <strong>How to plead a disproportionate division — </strong>why it is best practice to plead for it even before you are certain, and how fault grounds, fraud, and waste each require different levels of pleading and proof.</p><p>• <strong>What it actually takes to prove each factor — </strong>from tax returns and expert testimony on earning capacity to forensic accountants for tracing waste and fraud on the community.</p><p>• <strong>How to weigh the cost of a waste claim — </strong>Holly and Carrie discuss running a cost-benefit analysis with clients before hiring an expensive forensic accountant to chase a claim.</p><p>• <strong>The 20-day deadline that can sink a property division appeal — </strong>why requesting findings of fact and conclusions of law on time is critical, and the reversible errors — like mischaracterization and double-dipping — to watch for.</p>
July 8, 2026
Episode 143 To Plead or Not to Plead: Grounds for Divorce
Texas attorneys Holly Draper and Carrie Tapia discuss the strategic advantages and consequences of pleading fault versus no-fault grounds for divorce in Texas.
June 24, 2026
Episode 142 | Five Years of Advice from the Best in the Business
Host Holly Draper interviews Texas family law professionals, sharing five years of essential advice for navigating the legal profession and building a successful career.
145 total episodes available with 20 transcripts
Recent guests on Texas Family Law Insiders
Guests from recent episodes — sign up to see every guest that has ever appeared on this show.
Carrie Tapia
Guest
Holly Draper
Guest
Carey Worrell
Guest
Rachael Kelly
Guest
Bradley Craig
Guest
Rebecca Perra
Guest
Spenser Housewright
Guest
Alex Shahrestani
Guest
Guy Rodgers
Guest
Greg Beane
Guest
Emily Doron
Guest
Gianni Avalos
Guest
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Frequently asked questions
Have a different question and can't find the answer you're looking for? Reach out to our support team by sending us an email and we'll get back to you as soon as we can.
- What is Texas Family Law Insiders?
- How often does this podcast release new episodes?
This podcast updates weekly.
- Where can I listen to this podcast?
This podcast is available on 9 platforms including Apple Podcasts, Spotify, and more. You can also use the RSS feed directly.
- Does this podcast accept guests?
Yes, this podcast regularly features guests.
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