State Bar of Texas
Column: National Roundup

Family Law From Around the Nation

Marital Agreements: South Dakota upheld a premarital agreement presented the day before the wedding and signed minutes before the ceremony, where the wife was educated, financially independent, and admitted she was not deceived. The court treated her time pressure as largely self-imposed. In re Estate of Webb, No. 31017, 2026 S.D. 2, 2026 WL 114238 (S.D. 2026).

Wyoming reiterated that premarital agreements require separate consideration. Mutual waivers of rights in each other’s premarital property and elective shares in their estates satisfy that requirement. Jones v. Young, 580 P.3d 1026 (Wyo. 2025).

Child Custody: In Wyoming, the father argued that because both parents were fit, a decree giving him less than half parenting time violated his fundamental right to parent. The Wyoming Supreme Court rejected any constitutional guarantee of equal physical possession, upholding the trial court’s best-interest analysis. Smith v. Smith, 580 P.3d 507 (Wyo. 2025).

Child Support: In a North Dakota case, the father moved from a 60-80 hour-per-week job earning over $115,000 to lower-paying work so he could spend more time with his children and manage school transportation. The trial court based child support on his current income and found the job changes were driven by parenting responsibilities, not avoidance of support. The North Dakota Supreme Court affirmed, rejecting imputation. Kolstad v. Claussen, 29 N.W.3d 613 (N.D. 2025).

Property Division: In a California divorce, the husband moved to discard frozen embryos while the wife sought control under the parties’ IVF agreement. The California Court of Appeal enforced the agreement, holding that an unambiguous IVF contract controls disposition of embryos at divorce. Pham v. Superior Court of Orange County, 117 Cal. App. 5th 115, (Cal. Ct. App. 2025).

You Don’t See This Every Day: A Delaware groom’s father sought a declaration that his son’s Valentine’s Day, dockside wedding was invalid because it lacked two qualified witnesses required by statute. The Delaware Supreme Court treated the missing second witness as a minor defect that did not invalidate a marriage entered into with intent to comply with the law. LaFon v. Felmlee, No. 217,2025, 2026 WL 205261 (Del. 2026).

Rob McAngus