A. Introduction
In family law, few issues cause more confusion than what happens to marital assets overlooked in a divorce decree. When community property is accidentally omitted, parties often wonder: Which court has the authority to resolve it? The Texas Legislature addressed this very problem in House Bill 1916 (2025), which amends Section 9.201 of the Texas Family Code to make jurisdictional authority unmistakably clear .

B. Changes in Family Law in Context
Under prior law, jurisdictional questions over omitted community property sometimes triggered disputes between courts of different counties—or even different districts within the same county. The absence of explicit statutory guidance left open the risk of conflicting rulings or strategic forum shopping.

HB 1916 closes this gap. The new statute specifies that the court which rendered the divorce decree, annulment, or prior property division order retains continuing, exclusive jurisdiction to adjudicate division of any undivided community property . By codifying this rule, the Legislature has reinforced judicial efficiency and consistency in post-divorce property cases.

C. Practical Implications for Family Lawyers
For practitioners, this amendment eliminates uncertainty. Attorneys now know that any dispute about omitted property must return to the original court of record. This reduces:

• Jurisdictional challenges: No more jockeying between counties or courts.
• Inconsistent outcomes: The same judge who issued the decree has the authority to finish dividing the estate.
• Litigation costs: Clients avoid unnecessary procedural fights before substantive issues are ever reached.

D. Hypothetical Use Scenarios
Consider two common examples:

• Forgotten Retirement Account: A 401(k) was inadvertently left out of the divorce decree. Rather than filing a new action in another county, the parties must go back to the original divorce court for adjudication.
• Unaddressed Real Estate: A jointly owned parcel of land was omitted from the decree. Under HB 1916, the same court that finalized the divorce retains jurisdiction to divide that property, regardless of where the land is located.

E. Guidance for Practitioners
Attorneys should take the following steps in light of HB 1916:

1. File in the Correct Court: Always return to the original divorce court when seeking division of omitted assets.
2. Advise Clients Early: Explain to clients that jurisdictional disputes are no longer a viable tactic—reducing both cost and delay.
3. Draft Decrees Carefully: While HB 1916 provides clarity after the fact, the best practice remains to ensure that all community property is identified and divided at the time of divorce.

F. Looking Ahead
Because HB 1916 applies to cases filed on or after its effective date as well as those already pending, its impact is immediate . Judges and practitioners alike can rely on a statutory rule that enhances predictability in post-divorce litigation. This reform also reflects a broader legislative trend in Texas: streamlining family law procedures to reduce gamesmanship and emphasize fairness.

G. Conclusion: Why This Change Matters
HB 1916 may appear procedural, but its implications are significant. By ensuring that unresolved property issues return to the original court, the Legislature has strengthened judicial economy, protected litigants from conflicting rulings, and reinforced the integrity of divorce decrees. For lawyers—whether family law specialists or those in adjacent practice areas—the statute provides clarity that is both immediate and enduring.
​
For non-family lawyers who encounter clients with unresolved divorce property issues, knowing about HB 1916 is invaluable. And for those clients, having a trusted family law practitioner who understands these nuances can make all the difference.

Starting September 1, 2025, a new law--Texas House Bill 1973—will change the way parents and families file cases involving children in Texas courts. This law amends Texas Family Code § 102.008, which governs the filing of a Suit Affecting the Parent-Child Relationship (SAPCR).
​
If you are beginning a case about custody, visitation, child support, or other parent–child issues, you will now be required to submit a certified copy of your child’s birth certificate at the time you file.

This new requirement is important for anyone considering family litigation in Texas, so let’s break it down.

What the New Law Requires

1. Certified Birth Certificate Must Be Filed
   • When you file a SAPCR, you must include a certified copy of the child’s birth certificate.
   • This document must be filed under seal and kept separate from the other court papers.
   • This means it will not be part of the public case file and will be protected from public view.
2. Alternative Proof Allowed if Needed
   • If a certified copy is not available or if the certificate doesn’t list both parents, the judge may ask for other proof of parentage, such as hospital records or an acknowledgment of paternity.
   • These documents will also be kept confidential.
3. Exceptions for State Cases
   • If the case is brought by the Texas Attorney General’s Office (such as a child support enforcement case), this requirement does not apply.

Why Did Texas Make This Change?
The Legislature passed HB 1973 to make sure courts have accurate, official proof of a child’s identity and parentage from the very beginning of a case.
This has several benefits for families:

• Accuracy: Ensures there’s no confusion about the child who is the subject of the case.
• Efficiency: Reduces disputes later in the process about names, dates of birth, or parentage.
• Privacy: By requiring the document to be filed under seal, it protects children’s sensitive information from appearing in public court records.

What This Means for Families Going to Court
If you plan to file a custody, visitation, or support case after September 1, 2025, you should:

• Obtain a certified copy of your child’s birth certificate before filing.
• Work with your attorney to make sure it is filed correctly--under seal and separately from your petition.
• Be prepared that the court may ask for the document before your case can move forward.

If you don’t have a certified copy yet, don’t panic—there are clear ways to get one.

How to Get a Certified Birth Certificate in Texas
In Texas, certified copies are issued by the Texas Department of State Health Services (DSHS) or by local county clerk/city registrar offices. Here are your main options:

1. Order Online
   • Visit the official Texas.gov Vital Records portal.
   • This is usually the fastest option. You will need to prove your identity and your relationship to the child.
2. In Person at a Local Office
   • Many county clerk and city registrar offices can issue certified copies for births in Texas.
   • In some locations, you can get the certificate the same day you apply.
   • The fee is usually around $23 per copy.
3. By Mail
   • You can submit a request by mail using a DSHS form.
   • Standard processing may take 6–8 weeks, while expedited requests can take about 3–4 weeks.

Who Can Order a Certificate?
Only certain people are allowed to order a certified copy:

• The person named on the birth certificate, if an adult.
• A parent or immediate family member.
• A legal guardian or legal representative (such as an attorney with proper authorization).

If the Child Was Born Outside TexasYou will need to request a certified copy from the state or country where the child was born. Each state has its own process, and the CDC Vital Records directory lists where to apply.

What Happens if You Don’t Have It When You File?
The new law allows a judge to ask another party to provide the birth certificate during the case. However, waiting can cause delays. The best practice is to get the certified copy in hand before filing so your case is not slowed down.

Takeaway for ParentsIf you are planning to file a custody, visitation, or child support case in Texas, be aware that starting September 1, 2025, you will need a certified copy of your child’s birth certificate.
Our firm can help guide you through:

• Obtaining the birth certificate if you don’t already have one,
• Making sure it is filed properly under seal, and
• Protecting your family’s privacy throughout the process.

At The Palmer Law Firm, we stay ahead of changes like HB 1973 so our clients don’t have to worry about surprises. If you are considering filing a case involving your child, call us at 832-819-3529 or visit us at 550 N. Egret Bay Blvd, League City, TX to schedule a consultation.

Divorce is stressful enough without the IRS showing up at your door. Dividing property, planning finances, and moving forward with life requires careful legal attention. But what happens when an IRS tax lien—something you can’t see in the property records—suddenly appears?
A cautionary tale involving a fictional couple—let’s call them Mark and Linda Taylor—illustrates the hidden dangers.
​
The Taylor Divorce and the Family Home
Mark and Linda finalized their divorce in December 2001. As part of the settlement, Mark transferred his share of the family home to Linda. In exchange, she paid him $60,000 in cash and agreed to take over the mortgage.

Linda did what most people would do: she ran a title search before recording the quitclaim deed. The search showed no liens beyond the mortgage. Confident she had clear title, she recorded her deed at the end of December.

What neither spouse knew was that earlier that same month, on December 2, 2001, the IRS had quietly made an income tax assessment against Mark for an old, unpaid return. By law, that assessment created a lien against all of Mark’s property interests—even though nothing appeared in the records at the time. Almost a year later, the IRS filed a notice of tax lien and claimed its rights were superior to Linda’s ownership.

Why the IRS Could Make That Claim
This scenario turns on several sections of the Internal Revenue Code:

• 26 U.S.C. § 6321: When a taxpayer fails to pay federal taxes after demand, a lien automatically arises on “all property and rights to property” belonging to the taxpayer.
• 26 U.S.C. § 6322: That lien takes effect at the time of assessment and continues until the tax liability is paid or becomes unenforceable by lapse of time.

That means when Mark signed over the house, the lien had already attached—even though Linda had no notice of it.
The only potential protection for Linda was to prove she qualified as a “purchaser” under:

• 26 U.S.C. § 6323(a): Certain buyers of property can take priority over the IRS lien if they purchase before the government files its notice.
• 26 U.S.C. § 6323(h)(6): A purchaser is defined as someone who, for “adequate and full consideration in money or money’s worth,” acquires an interest in property that is valid under local law against subsequent purchasers without notice.

Linda had clearly paid $60,000 in cash. But she also gave up her right to future alimony and released Mark from sharing the mortgage debt—things the Treasury Regulations specifically say are not “money or money’s worth.” (See Treas. Reg. § 301.6323(h)-1(a)(3).)

That left her legal footing uncertain, and the IRS’s claim loomed over her ownership.

The Practical Lesson
The lesson for divorcing spouses is clear:

• If your spouse has ever filed a separate tax return, confirm that taxes were actually paid.
• Do not rely solely on a routine title search. Federal liens can exist invisibly from the moment of assessment.
• For complete assurance, consider making a direct inquiry to the IRS. Yes, it may feel like “poking the bear,” but without it, you risk inheriting a tax problem you never saw coming.

Protecting Yourself in a Texas Divorce
Property division in divorce is not just about splitting assets—it’s about avoiding hidden liabilities. IRS liens, retirement division, and complex marital estates require experienced legal guidance.

At The Palmer Law Firm, we have decades of experience in Texas divorce law, and we know how to safeguard clients from financial traps like secret tax liens.
​
If you’re preparing for divorce, don’t risk surprises that could cost you your home or financial stability. Schedule a confidential consultation today.
📞 Call The Palmer Law Firm, or visit www.thepalmerlawfirm.com to secure your future with experienced legal representation.

Infidelity is one of the most devastating breaches of trust in a marriage. While every relationship has its struggles, cheating crosses a line that undermines the very foundation of the marital commitment. Yet, those caught cheating often scramble to explain away their behavior. Understanding why people rationalize infidelity can help spouses in League City, Friendswood, Clear Lake, Galveston, and Harris County, Texas see the situation more clearly—and decide how to move forward.
​
What Is Cognitive Dissonance?
At the heart of many excuses for cheating lies a psychological phenomenon known as cognitive dissonance. Coined by psychologist Leon Festinger in the 1950s, cognitive dissonance describes the mental discomfort people feel when they hold two conflicting beliefs or behaviors at the same time .
For example:

• Belief: “I’m a good, loyal spouse.”
• Behavior: “I cheated on my spouse.”

The tension between those two creates discomfort. To reduce that discomfort, the cheating spouse may invent justifications, excuses, or rationalizations so they can continue to see themselves as a “good person” despite their harmful actions.

Ten Common Excuses for Cheating
Here are ten of the most frequently heard rationalizations from unfaithful partners, along with a breakdown of why they fail:

1. “I wasn’t happy in my marriage.”
   Unhappiness doesn’t justify betrayal. Problems should be addressed through communication, counseling, or, if necessary, divorce—not infidelity.
2. “It just happened.”
   Affairs don’t just fall out of the sky. They involve choices, often repeated ones, to cross boundaries and deceive.
3. “My spouse stopped meeting my needs.”
   No spouse can meet every emotional or physical need all the time. Cheating is a decision to avoid honest discussion or counseling.
4. “I needed an escape from stress.”
   Stress is part of adult life. Turning to infidelity as a coping mechanism only creates greater long-term damage.
5. “It was only physical—it didn’t mean anything.”
   Whether physical or emotional, cheating is still a betrayal. The intent to deceive undermines the bond of trust.
6. “I was drunk.”
   Alcohol may impair judgment, but it doesn’t erase responsibility. Choosing to drink to excess is itself a decision.
7. “Everyone does it.”
   This is the classic bandwagon excuse. In truth, most people do not cheat—and even if they did, that wouldn’t make it right.
8. “I didn’t think I would get caught.”
   This reveals selfishness rather than remorse. Marriage vows are not conditional on the likelihood of discovery.
9. “It was just online flirting/texting.”
   Digital affairs may not involve physical contact, but they still breach trust and can be just as damaging emotionally.
10. “I was lonely.”
    Loneliness can be real, even within a marriage. But healthy options—open communication, therapy, community—exist without resorting to betrayal.

Why There Is Never an Excuse
All of these justifications are attempts to ease cognitive dissonance by shifting blame or minimizing harm. But the truth is simple: cheating is always a fundamental breach of the marital agreement unless both partners have explicitly agreed otherwise.

In Texas, adultery remains a recognized ground for divorce under the Texas Family Code . While courts sometimes view adultery claims with skepticism or give them limited weight in property division, it can still be a real and viable legal basis for ending a marriage. Judges may consider adultery when dividing community property, potentially awarding a disproportionate share to the innocent spouse .
Conclusion: No Excuses for Cheating

If you believe your spouse is cheating and the betrayal has ended the legitimate foundation of your marriage, it is important to know your rights. Counseling may not always be a solution, especially when trust is permanently broken.

At The Palmer Law Firm, we believe there are no excuses for infidelity. Adultery is a betrayal not just of trust, but of the legal and emotional bond of marriage.  If you’ve been unfaithful, admitting your mistake and stopping the excuses is the first step to moving forward. And if you’re being falsely accused of cheating, you shouldn’t have to carry that burden alone. Either way, adultery does not automatically decide property, custody, or support outcomes in Texas. At The Palmer Law Firm, we provide strong, fair representation—whether you need guidance through the fallout of infidelity or defense against false allegations—to ensure your side is heard and your future is protected.

👉 Call The Palmer Law Firm today for a free consultation if you live in League City, Friendswood, Clear Lake, or anywhere in Harris or Galveston County, Texas, and infidelity is leading to divorce. We’ll discuss your options, protect your rights, and help you move forward with dignity and strength.

When superstar Taylor Swift and NFL star Travis Kelce announced their engagement, the media buzzed with excitement. But beyond the romance, their engagement offers an important reminder for couples everywhere: love and commitment are best supported by clear, thoughtful financial planning. At the top of that list is a prenuptial agreement.

Even for couples who share genuine affection, marriage is not just a personal bond—it’s a legal and financial union. Without a prenup, the law makes default decisions about property, income, and debt. For couples like Swift and Kelce, with fortunes built on music catalogs, brand endorsements, and NFL salaries, a prenup will almost certainly spell out which assets remain separate, how future earnings are treated, and what happens in the event of divorce or death. While their circumstances may seem larger-than-life, the same principles apply to everyday couples in Texas.

Why Texas Couples Should Consider a Prenup
Texas is a community property state, which means most income earned during the marriage is considered jointly owned. A prenup allows couples to opt out of these defaults and set their own rules. It can:

• Protect premarital assets such as homes, businesses, or inheritances.
• Define responsibility for debts like student loans or credit cards.
• Establish clarity around future earnings, retirement accounts, or business growth.
• Align estate planning goals, especially when children from prior relationships are involved.
• Reduce conflict and legal costs if the marriage ever ends.

The key is that prenups in Texas must be in writing, voluntary, and signed with full financial disclosure. When done properly, they are enforceable and provide lasting peace of mind.

Not Just for Celebrities
You don’t have to be a billionaire musician or a professional athlete to benefit from a prenup. Even if your assets are modest, having an agreement in place can protect your financial stability, clarify expectations, and avoid disputes down the road. In many cases, a prenup can strengthen a relationship by forcing open and honest conversations about money before marriage.

Plan for the Future With Confidence
Swift and Kelce’s engagement highlights the wisdom of combining romance with realism. By planning ahead, couples honor both the emotional and the practical aspects of marriage. A well-drafted prenup is not about expecting failure—it’s about respecting what each partner brings into the relationship and ensuring both are protected.

At The Palmer Law Firm, we help Texas couples craft clear, fair, and enforceable prenuptial agreements tailored to their unique needs. Whether you have significant assets to protect or simply want peace of mind, our firm can guide you through the process with compassion and skill.

If you’re engaged or considering marriage, now is the perfect time to plan for your financial future. Contact The Palmer Law Firm today for a free consultation about prenuptial agreements. Let us help you protect your rights, your assets, and your peace of mind—so you can say “I do” with confidence.

Grandparents have always played a vital role in raising children in Texas. Sometimes, when parents are unable—or unwilling—to step up, grandparents are the ones who provide stability, love, and a safe home. But the law controls whether grandparents (and other relatives) are even allowed to bring a case to court to protect a child.
This year, the Texas Legislature passed two new bills--House Bill 2350 and Senate Bill 2052—that make it harder for non-parents to get custody rights. These changes take effect on September 1, 2025, and they will directly impact grandparents who are stepping in to raise grandchildren.
Here’s what you need to know.

HB 2350: A Higher Hurdle for GrandparentsUnder the old law, a grandparent (or another non-parent) could sometimes get into court by showing they had provided “actual care, control, and possession” of a child for at least six months. That meant that even if a parent was still somewhat involved, a grandparent who was heavily involved in day-to-day care often had the right to file.
Starting September 1, 2025, the law changes. HB 2350 now requires proof of exclusive care—not shared caregiving. In other words, grandparents will have to show they were the only ones providing care, not just helping out alongside a parent.
The law does expand who counts as a relative if both parents have passed away—extending eligibility all the way to fourth-degree relatives (like great-aunts and great-uncles). But for most grandparents raising children while a parent is still alive, the bar has gotten higher, not lower.

SB 2052: Courts Must Favor Parents—Unless You Can Prove HarmThe other new law, SB 2052, strengthens what’s called the “parental presumption.” That means that courts must start with the assumption that a child’s best interest is to stay with their parent.
For grandparents, this means that it isn’t enough to show that you’ve been raising the child or that you can offer a more stable home. You now have to prove—by “clear and convincing evidence”—that the child’s health or emotional well-being would be seriously harmed if they stayed with their parent.
On top of that, any grandparent filing a case has to submit a detailed affidavit spelling out exactly why the child would be at risk. If the affidavit doesn’t meet the legal requirements, the case can be thrown out before it even begins.

What This Means for GrandparentsThese new laws make it harder for grandparents to step in—but they don’t shut the door completely. If you’ve been the primary caregiver for your grandchild, or if you believe your grandchild would be in danger without your intervention, you still have legal options.
The key is preparation. You’ll need strong evidence, careful documentation, and a legal strategy that addresses these new requirements head-on. You’ll also need to act quickly, because the old rules still apply to cases filed before September 1, 2025.

How The Palmer Law Firm Can HelpAt The Palmer Law Firm, we understand how deeply grandparents care for their grandchildren—and how frightening it can be to face new legal obstacles. We are committed to helping grandparents assert their rights and protect the children they love.
If you are already caring for your grandchild, or if you believe your grandchild’s safety is at risk, don’t wait. Call The Palmer Law Firm today for a consultation. We’ll explain your rights, help you gather the evidence you need, and guide you through the process of seeking custody or visitation under these new laws.
Your grandchildren deserve stability and love. Let us help you make sure the law recognizes the role you play in their lives.

Executive Summary
 
Wearable AI notetakers and voice‑recording devices—ranging from Plaud recorders to pendant‑style AI transcription tools—are changing how information is captured in day‑to‑day life. In Texas, where one‑party consent governs in‑person conversations, these devices raise profound questions about admissibility, privacy, and strategy in divorce and custody disputes. Properly obtained, authenticated, and introduced, such recordings can play a decisive role in litigation. Yet they also carry risks of exclusion, ethical missteps, and even civil liability. This paper explores the current legal framework under the Texas and Federal Rules of Evidence, the relevant case law, and the ethical dimensions of using this technology in family law. It concludes with an assessment of where courts are likely headed and how attorneys should respond.
 
The Rise of Wearable AI in Litigation Context
 
In recent years, devices such as the Humane AI Pin, Plaud recorders, and the Limitless pendant have transformed from niche gadgets to mainstream tools. These devices are designed to sit unobtrusively on a lapel or collar, constantly listening for conversations and converting them into searchable transcripts. For a spouse or parent navigating a high‑conflict divorce, the temptation to use such tools is obvious. A recording of a co‑parent angrily disparaging the other parent during a custody exchange, for example, may provide concrete evidence of conduct harmful to the child. A transcript of a heated conversation about hidden assets might become central to a dispute over property division. The promise of hard evidence in otherwise credibility‑driven disputes is alluring.
Yet this same promise presents dangers. If recordings are made illegally, or if they cannot be properly authenticated, they may be excluded or worse, expose the recording party to civil or criminal liability. The emergence of AI transcription adds another layer: courts must grapple with whether transcripts are accurate and whether they are evidence themselves or merely demonstrative aids.
 
Lawful Capture Under Texas and Federal Law
Texas Penal Code § 16.02 makes it clear that the state follows a one‑party consent rule. If you are a party to an in‑person conversation, you may lawfully record it. This aligns with the federal Wiretap Act, which also permits recordings made with the consent of at least one participant. The critical distinction is that Texas law does not allow you to secretly record a conversation between two other people when you are not present. That would constitute an unlawful interception and subject the recording party to both suppression of the evidence and potential liability.
 
The Texas Supreme Court highlighted the civil ramifications of unlawful interception in Taylor v. Tolbert, 644 S.W.3d 637 (Tex. 2022). In that case, interspousal interception led not only to exclusion issues but also to civil claims. In family law litigation, this risk is amplified: a spouse hoping to capture an incriminating exchange may inadvertently commit a serious wrong.
There is also a narrow “vicarious consent” doctrine recognized in Texas criminal cases such as Alameda v. State, 235 S.W.3d 218 (Tex. Crim. App. 2007). Under this doctrine, a parent may record a child’s conversations if the parent has a good‑faith and objectively reasonable belief that it is necessary for the child’s best interest. Federal courts, such as in , Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998)have articulated similar principles. This exception, however, is narrow and fact‑intensive, and lawyers should advise clients to tread carefully.
 
From Capture to Courtroom: Relevance, Hearsay, and Authentication
 
The Texas Rules of Evidence set the guardrails for what recordings may reach the ears of a judge. First, any recording must be relevant under TRE 401–402. In practice, this is usually straightforward: a recording showing disparagement of a co‑parent or evidence of intoxication during a possession period is plainly relevant to the child’s best interest under Tex. Fam. Code § 153.002 and the Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) factors.
 
Second, hearsay rules must be considered. Fortunately, many statements caught on recordings will be admissions of a party opponent and therefore non‑hearsay under TRE 801(e)(2). Others may fall into exceptions such as present sense impressions or excited utterances under TRE 803(1)–(2). Imagine a spouse yelling during an argument, “You’re never seeing the kids again!” Such a statement, recorded in the moment, can be admitted as both a party admission and possibly as an excited utterance.
 
The third, and often most hotly contested, issue is authentication. Under ,TRE 901 the proponent must show that the recording is what it purports to be. Courts have adopted a practical approach. In Tienda v. State, 358 S.W.3d 633 (Tex. Crim. App. 2012), the Court approved authentication of social media posts through circumstantial details, emphasizing that context and distinctive characteristics can be enough. The same logic applies to recordings. The best practice is to combine witness testimony (“That is my voice, that is the conversation we had on June 2”), device metadata, timestamps, and even digital hash values to show integrity. The emergence of federal Rule of Evidence 902(13)–(14), which permits self‑authentication through process certifications and hash verification, signals where Texas practice may be headed.
 
Finally, one must consider Rule 403. Even relevant and authenticated recordings may be excluded if the probative value is substantially outweighed by unfair prejudice. In Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1991), the Court emphasized the trial judge’s balancing role. In family cases, recordings full of profanity or references to unrelated misconduct may invite 403 challenges. Offering redacted versions or agreeing to limiting instructions may preserve admissibility while minimizing prejudice.
 
Discovery, Preservation, and Spoliation
 
Discovery battles over recordings are increasingly common. Texas Rule of Civil Procedure 196.4 governs requests for electronic data. The Texas Supreme Court in In re Weekley Homes, L.P., 295 S.W.3d 309 (Tex. 2009), made clear that direct access to another party’s electronic devices is disfavored absent a strong showing of necessity. Instead, litigants should expect to produce native recordings with metadata and logs showing when and how the file was created.
Preservation is equally critical. In  the Court stressed the Brookshire Bros. v. Aldridge, 438 S.W.3d 9 (Tex. 2014),duty to preserve relevant evidence once litigation is anticipated. For recordings, this means keeping the original file untouched, documenting the chain of custody, and disclosing any edited versions as separate from the original. AI transcripts should also be preserved, along with the metadata that shows when and how they were created.
 
Ethical Dimensions
 
Attorneys must guide clients not just on what is legal, but on what is ethical. Texas Ethics Opinion 514 (1996) allows a lawyer to record conversations without disclosure if it is lawful, but warns against encouraging clients to engage in illegal or deceptive practices. Moreover, recordings that capture attorney‑client communications, therapy sessions, or privileged exchanges risk waiving privilege or triggering disciplinary action. The rule of thumb is simple: never advise a client to record in a way that violates consent rules, and never accept or attempt to use evidence that was unlawfully obtained.
 
It is also critical to distinguish between private recordings and courtroom recordings. Texas Rule of Civil Procedure 18c, along with local rules, prohibits unauthorized recording in the courtroom. Nothing in this paper should be read to suggest that a litigant can record hearings or trials. Those rules remain strict.
 
Practical Scenarios and Recommendations
 
Consider a father in a custody dispute who wears a Plaud recorder during exchanges at school. When the mother repeatedly shouts at him in front of the children, he captures not only her words but also the children’s reactions. In court, this evidence could strongly influence the judge’s assessment of which parent fosters a healthier environment. If, however, he had left the device in the child’s backpack to capture conversations between the child and the mother without his presence, he would have crossed into unlawful interception.
 
Or imagine a spouse who records a conversation in which the other admits to concealing bank accounts. That recording, authenticated and corroborated, could support a disproportionate division of the community estate. But if the recording was edited to omit the recorder’s own admissions, the opposing party could invoke Rule 106 to compel admission of the entire exchange.
 
The lesson is that wearable AI recordings are powerful but double‑edged. Used properly, they provide compelling, admissible evidence. Used carelessly, they can backfire or even create liability.
 
Outlook: Where Texas Courts Are Headed
 
At present, Texas courts are open to admitting recordings made by a party to a conversation, so long as they are relevant, authenticated, and not unfairly prejudicial. In custody and family‑violence cases especially, such recordings can tip the balance in close disputes. Looking forward, expect courts to demand more rigorous digital authentication, including hash‑based certifications, and to become more skeptical of edited or context‑stripped clips. Attorneys who prepare thoroughly—laying foundations under Rules 901, 902, 801, and 403—will have an advantage.
 
The proliferation of wearable AI means that family law will continue to be on the cutting edge of evidentiary battles. Judges will increasingly be asked to weigh privacy, fairness, and probative value in cases where the human stakes could not be higher.
 
Conclusion
 
Wearable AI notetakers and covert personal recordings are reshaping the landscape of Texas family law. They are not a gimmick—they are becoming central to custody, property, and protective order disputes. But they must be used lawfully, authenticated carefully, and presented ethically. The Texas lawyer who masters these tools will not only protect their clients from pitfalls but will also wield one of the most persuasive forms of modern evidence.
 
About the Author
 
Sean Y. Palmer, founder of The Palmer Law Firm, is a Texas divorce and family law trial lawyer with over twenty years of experience. He represents clients in high‑conflict divorces and custody disputes and frequently writes and speaks on evidentiary issues and emerging technologies that impact family law litigation.

When physicians face divorce, the emotional toll can be overwhelming. Add in financial uncertainty — dividing assets, planning for child support or spousal maintenance, and protecting your professional income — and it’s no wonder many doctors feel stretched to their limits.
But just like the stock market weathers downturns and rebounds, you can steady your financial life during a divorce with a clear, disciplined plan. Drawing from insights shared by financial experts like Dr. James Dahle (the White Coat Investor) and my own experience as a Texas family law attorney, here are some key strategies for physicians navigating divorce.

1. Stick With a Plan, Even During Chaos
Markets rise and fall. So do personal circumstances. During divorce, it’s tempting to make rash financial moves — cashing out retirement, selling investments, or overspending to soothe stress. But the lesson from financial history holds true: stability comes from consistency.
In a Texas divorce, your financial “plan” includes protecting community property, ensuring proper valuation of medical practices or retirement accounts, and negotiating long-term payouts where appropriate. Knee-jerk decisions almost always cost more in the long run.

2. Financial Stress and Burnout Are Real
Physician burnout is often linked to financial stress. Divorce only magnifies it. The uncertainty of support obligations, potential division of retirement, and changes to lifestyle can make you feel trapped.
But having your financial ducks in a row gives you freedom. A clear property division, fair child support order, and realistic spousal support arrangement can allow you to continue practicing medicine on your terms — maybe cutting back hours, reducing patient load, or even stepping into a new role without fear of financial collapse.

3. Income Differences Matter — But Don’t Define the Outcome
Primary care physicians often earn less than specialists, but that doesn’t mean financial independence is out of reach. The same is true in divorce: even if your income is lower than your spouse’s, Texas courts focus on fairness under community property law, not simply income comparison.
If you’re the higher earner, proper structuring of support payments and asset division can prevent you from being overburdened. If you’re the lower earner, your attorney can ensure you receive a fair share of the marital estate.

4. Choose Advisors Who Put You First
One of Dr. Dahle’s strongest points is that many so-called “advisors” are really salespeople. In divorce, the same applies: not every mediator, financial planner, or even attorney has your best interest at heart.
Look for fiduciary financial planners who understand physician compensation structures, retirement plans, and practice valuations. And choose a divorce lawyer who knows both the law and the financial realities of medicine. In Texas, we routinely deal with complex QDROs, stock options, and practice ownership interests — you want someone who can translate that complexity into a workable settlement.

5. Avoid Common Pitfalls
Physicians often make the same mistakes in both investing and divorce:

• Spending everything rather than budgeting for future needs.
• Failing to save enough for retirement or children’s expenses.
• Listening to poor advice from unqualified professionals.
• Ignoring asset protection strategies until it’s too late.

In divorce, these mistakes can leave you financially vulnerable. The key is to build a sustainable settlement that works not just for today, but for the next 10, 20, or 30 years.

Final Thought: Protect Your Practice, Protect Yourself
Divorce doesn’t have to derail your career or your finances. Just as the markets eventually rebound, your financial life after divorce can stabilize — if you stick with a disciplined plan, surround yourself with the right advisors, and avoid short-sighted decisions.

As a Texas divorce attorney who works closely with physicians, I’ve seen firsthand how thoughtful planning can turn a potentially devastating process into a manageable transition.

If you’re a physician facing divorce, the best investment you can make right now is not in the stock market, but in trusted legal and financial guidance that keeps you steady through uncertainty.