When Does “Stalking” Justify a Protective Order in Texas?

September 11th, 2017 by Tad Nelson in Family Law

A protective order does not necessarily require an overt act of violence, such as proof of domestic violence. Under Texas law, a judge may grant a protective order whenever the applicant is the victim of certain specified criminal offenses such as stalking. What constitutes “stalking”? Under Section 42.072 of the Texas Penal Code, there are […]

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When Does One Spouse Have to Compensate the Other Under a Postnuptial Agreement?

September 7th, 2017 by Tad Nelson in Family Law

Pre- and post-marital agreements are commonly used to prevent the formation of “community property” during a marriage. In other words, anything brought into the marriage remains the separate property of the respective spouse. That said, a couple is always free under Texas law to convert separate property to community property by making a written agreement. […]

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How Do Court-Ordered and Contractual Alimony Differ?

July 24th, 2017 by Tad Nelson in Family Law

Spousal support in Texas may be ordered by the court as part of a divorce proceeding or contractually agreed upon between the parties. The laws governing court-ordered and contractual alimony differ in several key respects. It is important to be aware of these differences before you seek or agree to either kind of alimony. Limits […]

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When Is a Prenuptial Agreement Actually a Post-Marital Agreement?

July 18th, 2017 by Tad Nelson in Family Law

Texas courts recognize both premarital and post-marital (or marital) property agreements. A post-marital agreement may provide for the “partition or exchange of community property,” that is any property acquired by either spouse during the marriage (with some exceptions). A properly drafted premarital agreement, however, can declare that all property brought into the marriage should remain […]

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Does My Immigration Status Affect My Child Custody Rights in Texas?

July 12th, 2017 by Tad Nelson in Family Law

It is widely believed that more than 1 million undocumented immigrants currently live in Texas. A person’s immigration status can affect all aspects of their lives, including their rights in a divorce or family law matter. For example, an undocumented immigrant’s inability to maintain a stable job or residence may be cited as a factor […]

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Can My Relatives Sue for Custody of My Children?

June 22nd, 2017 by Tad Nelson in Family Law

Most child custody disputes are between parents. But do other relatives have the right to seek custody if they feel that the parents are not capable of properly caring for their children? The answer in Texas is yes, with some important qualifications. Texas law refers to child custody as a “managing conservatorship.” If two parents […]

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Do Past Instances of Family Violence Enough to Justify a Protective Order?

June 19th, 2017 by Tad Nelson in Family Law

A protective order is designed to protect Houston-area residents from the threat of family violence, which under Texas law includes any act intended to cause “physical harm, bodily injury, assault, or sexual assault” against a family or household member. Family violence also applies to people who are in, or have been in, a dating relationship. […]

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How Do Houston Courts Determine Child Visitation Schedules?

June 1st, 2017 by Tad Nelson in Family Law

Child custody and visitation rights are often one of the more contentious issues addressed in a Texas divorce proceeding. Ideally, the parents can agree to a schedule that works for them and their children. But when the parents fail to agree, the courts and the law have to step in. The Standard Possession Order The […]

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What Are the Criminal Penalties for Domestic Violence in Texas?

April 4th, 2017 by Tad Nelson in Family Law

Domestic violence–or what is called “family violence” in the Texas Penal Code–refers to “an act by a member of a family or household that is intended to result in physical harm.” Family violence does not just extend to blood relatives or people living with you; it also applies to partners in a “dating relationship.” How […]

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Facebook: A Leading Cause in Divorce?

November 9th, 2016 by Tad Nelson in Divorce, Family Law

Twenty years ago many Houston residents were only starting to use the Internet. Today, most of us spend all day online in some capacity, in particular social media. But while Facebook and similar services like Twitter and WhatsApp are great for staying in constant contact with the rest of the world, social media use may […]

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