Advanced Motions in Family Law: Navigating Summary Judgment and Partial Summary Judgment

Master the Art of Strategic Motion Practice in Texas Family Law—Cut Through Complexity, Avoid Pitfalls, and Win with Precision

In the ever-evolving landscape of family law, motions for summary judgment and partial summary judgment have become increasingly powerful tools for attorneys. These motions help streamline complex litigation, dismiss meritless claims, and promote judicial economy. However, they also carry procedural risks and strategic consequences that must be weighed carefully—especially in Texas family courts.

This article explores advanced strategies for both filing and defending against summary judgment in family law matters. We will cover property division disputes, custody modifications, and enforcement actions. Additionally, we’ll examine Houston-specific nuances, procedural traps, and ethical considerations, providing a clear framework for effective motion practice.

What Types of Family Law Disputes Are Most Amenable to Summary Judgment?

While summary judgment is more common in civil litigation, it can be instrumental in certain family law sub-issues. This is especially true when no genuine issue of material fact exists, and the dispute revolves around a purely legal question.

Ideal Candidates for Summary Judgment:

• Property Disputes: Characterization of property as separate or community when documentation (e.g., prenuptial agreements or traced funds) is clear.

• Enforcement of Prior Orders: Particularly where contempt is not at issue and the record is undisputed.

• Child Support Arrearages: When records show a clear history of non-payment or default.

• Custody Modification Jurisdictional Challenges: UCCJEA issues where one state clearly has continuing jurisdiction.

  
  

Less Suitable for Summary Judgment:

• Best Interest of the Child: This is inherently fact-intensive and rarely suitable unless a procedural or standing issue is involved.

• Spousal Maintenance Determinations: These often involve credibility and lifestyle evidence.

  
  

Example: In a Harris County divorce case, a wife sought summary judgment on her claim that a property was her separate inheritance. She provided a will, probate documents, and tracing analysis from a CPA. The husband failed to produce contradictory evidence, and summary judgment was granted.

How to Craft (or Defend Against) a Strategic Motion

Whether you’re filing or responding, the quality of your motion can dictate your litigation trajectory. Think of summary judgment as a surgical strike—it must be precise and well-documented.

Best Practices When Filing:

• Narrow the Scope: Don’t overreach—identify clearly isolated legal issues.

• Build a Bulletproof Record: Include affidavits, financial statements, certified court records, and deposition excerpts.

• Use Admissions: Leverage Rule 198 admissions or deposition testimony.

• Attach a Proposed Order: Courts appreciate streamlined decisions.

  
  

When Defending:

• Highlight Material Fact Disputes: Even one disputed fact can defeat summary judgment.

• Challenge the Evidentiary Basis: Is it hearsay? Is there a lack of foundation? Object strategically.

  
  

Checklist: Crafting a Summary Judgment Motion

• The issue is clearly defined as a question of law.

• Sworn affidavits attached (with personal knowledge).

• Supporting discovery included (interrogatories, admissions).

• Proposed order drafted.

• Certificate of service complete and timely filed.

  
  

Checklist: Defending Against a Motion

• Material facts challenged in a sworn affidavit.

• Motion-specific objections raised (hearsay, speculation).

• Legal brief counters each argument.

• Procedural timeline confirmed (see TRCP 166a).

  
  

Procedural Traps in Texas Family Law Summary Judgment Practice

Summary judgment in Texas requires strict compliance with Rule 166a of the Texas Rules of Civil Procedure, and family law adds a few local wrinkles.

Common Traps:

• Late Filing of Evidence: All supporting materials must be filed at least 7 days before the hearing (unless by agreement).

• Improper Affidavits: They must be made on personal knowledge and not be conclusory.

• Failure to Address All Elements: A motion must either prove or disprove every element of a claim or defense.

• Local Standing Orders: Harris County courts often issue trial-prep or discovery orders that must be strictly followed, including summary judgment deadlines.

  
  

Houston Tip: In Harris County, some family court judges expect summary judgment motions to be set well before the pretrial conference. They may decline to hear them too close to trial. Check individual court preferences on the Harris County District Courts website.

When to Use a Motion in Limine or Another Pretrial Maneuver Instead

Not every issue is ripe for summary judgment. Sometimes, a motion in limine, Rule 11 agreement, or Daubert challenge is more effective.

Examples:

• Character Evidence in Custody Trial: Use a motion in limine to exclude irrelevant criminal history.

• Questionable Expert on Property Tracing: Consider a Daubert motion to challenge methodology.

• Undisputed Parenting Schedules: Use stipulations instead of motion practice to narrow the trial scope.

  
  

Enforcement Mechanisms in Family Law

In Texas, enforcement actions often involve clarification of ambiguous orders or collection of past-due support.

Summary Judgment in Enforcement:

• Can be effective when:

- The decree/order is unambiguous.

- The violation is documented and uncontested.

- Contempt is not requested.

Example: A parent in Fort Bend County moved for summary judgment to enforce a medical reimbursement order. The order was clear, and receipts were attached. No response was filed—judgment was granted.

Ethical Considerations in Summary Judgment Practice

Attorneys must balance zealous representation with ethical duty. Watch for:

• Frivolous Motions: Filing a motion without a factual basis may violate Texas Disciplinary Rule 3.01.

• Use of Confidential Materials: Ensure no privileged documents are inadvertently filed.

• Retaliatory Motions: Avoid motions filed solely to harass or delay proceedings.

  
  

Tip: Always review the Texas Lawyer’s Creed before filing—especially in contentious custody cases.

Next Steps for Attorneys: Prepare, File, or Defend Strategically

Before drafting your motion—or responding to one—gather your materials and plan strategically.

Documents to Gather:

• Final Orders or Decrees.

• Discovery Responses.

• Sworn Affidavits or Declarations.

• Chronologies and Payment Histories.

• Expert Reports or CPA Analyses.

  
  

Strategic Routes:

• Motion for Summary Judgment → Clean legal issue, no factual dispute.

• Partial Summary Judgment → Narrow issues before trial.

• Motion in Limine → Exclude prejudicial or irrelevant issues.

• Rule 11 Agreement → Resolve non-contested matters early.

  
  

Partner with the Law Office of Robert Tsai

Complex family law litigation demands skill, foresight, and local knowledge. At the Law Office of Robert Tsai, we help fellow attorneys refine their litigation strategies, handle overflow, or collaborate on complex motions—particularly in Houston and surrounding counties.

Whether you need help with high-conflict custody cases or forensic property tracing, partnering with our team can give your client an edge in court.

For case consultations, referrals, or co-counsel arrangements, reach out to the Law Office of Robert Tsai.