How Women Have Shaped Family Law

March is Women's History Month, a time to celebrate the remarkable contributions of women in all areas of society, including the legal field. In Texas, women have played a pivotal role in shaping family law, advocating for legislative changes, and setting legal precedents that continue to protect families today. From groundbreaking cases to legislative reforms, women attorneys, judges, and activists have fought to make family law more equitable and responsive to the needs of modern families.

The Evolution of Women's Rights in Texas Family Law

1. Equal Rights in Divorce & Property Division

Historically, Texas law favored men in matters of divorce and property division. However, women fought for more equitable treatment under the law, leading to significant changes.

Texas Marital Property Reform (1967 & 1973): These reforms, championed by female attorneys and legislators, amended community property laws to ensure that women had equal rights to marital assets and financial independence.
In Re Marriage of Jackson (1979): A Texas Supreme Court decision that reinforced the fair distribution of assets in a divorce, recognizing contributions beyond financial earnings.

2. Custody & Child Support Reform

Mothers often faced legal battles for fair custody arrangements and child support, leading to legislative changes that prioritize the best interests of the child.

The "Best Interest of the Child" Standard: Women's advocacy helped establish this guiding principle, ensuring that custody decisions consider emotional and developmental needs rather than traditional gender roles.
Child Support Enforcement Improvements: Female lawmakers pushed for stricter enforcement of child support payments, including wage garnishments and legal penalties for non-payment.

3. Protection Against Domestic Violence

The legal system once failed to adequately protect survivors of domestic abuse. Women attorneys and activists played a key role in enacting laws that offer greater protection.

Texas Family Violence Protection Act (1979): This landmark legislation, championed by women’s rights advocates, established protective orders and legal consequences for abusers.
Expansion of Protective Orders (1997 & Beyond): Female lawmakers and attorneys have continued to expand protective measures, allowing for longer protective order durations and stricter penalties for violations.

4. Women as Legal Trailblazers in Texas Family Law

Sarah T. Hughes: A federal judge from Texas and an early advocate for women's rights, she helped pave the way for gender equality in the legal system.
Harriet Miers: A prominent Texas attorney who broke barriers for women in the legal field, influencing policies related to family law.
Judith Zaffirini: A longtime Texas legislator who has supported countless bills related to family law, child welfare, and domestic violence protection.
Linda Coffee – A Texas attorney who played a pivotal role in Roe v. Wade, one of the most significant legal cases affecting women's rights. While primarily known for reproductive rights, her advocacy influenced broader discussions on women's autonomy in legal matters, including family law.
Deborah Hankinson – A former Texas Supreme Court Justice, she made significant contributions to Texas family law through her decisions on child custody, property division, and parental rights. She later became a highly respected mediator, shaping the way family law disputes are resolved outside of court.

Did you know...

Our founder, Taylor Mohr, named her youngest daughter after Emeline Abood Jackson, the first woman to graduate from Baylor Law School. What an inspiring woman to look to for strength, individuality, and courage!

Women have been instrumental in shaping Texas family law, advocating for fairness in divorce, custody, and domestic violence protections. Their efforts continue to influence policies and legal practices that protect families across the state. As we celebrate Women's History Month, we recognize the women—past and present—who have fought to create a more just legal system for all Texas families.

At Mohr Law Group, we are committed to continuing this legacy by providing compassionate, knowledgeable representation in family law matters. If you need legal guidance, contact us today to protect your family’s future.