Was Your Prenuptial Agreement Coerced?

June 24th, 2022 by Tad Nelson in Family Law

At heart, premarital agreements are contracts between two people about to get married. As with all contracts, a person can enter a prenuptial agreement that might strike another person as unfair or ridiculous. That doesn’t necessarily make them illegal. After all, you might overpay for your new car, but the sale contract is still legally […]

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Can I Stop Alimony when My Ex Moves in with Someone?

April 29th, 2022 by Tad Nelson in Family Law

Texas law is crystal clear that spousal maintenance obligations end when the dependent spouse remarries. However, in this day and age, many people just move in together and avoid another trip down the aisle. Is cohabitation enough to end alimony? Actually, it is. Texas law also states that the obligation to pay spousal maintenance ends […]

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Top Things to Know About Child Custody in Texas

March 18th, 2022 by Tad Nelson in Family Law

Whether you are planning for divorce and your connected child custody case, or you are ending a relationship with your partner and the two of you share minor children, you will need to learn more about how child custody works in Texas. Most child custody matters are governed by the Texas Family Code, including specifics […]

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Evading the Cops Can Prove Costly If You Are on Probation

February 5th, 2019 by Tad Nelson in Family Law, Houston Criminal Cases, Understanding Texas Law

Many Texas criminal cases end with the defendant being placed on community supervision, i.e. probation. This means the defendant will not go to jail so long as he or she follows all of the conditions of community supervision imposed by the judge. And perhaps the most important of these conditions is that the defendant refrain […]

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What Happens to My Child Support Obligations If I Am in Jail?

December 11th, 2017 by Tad Nelson in Family Law

Texas courts base child support orders on a non-custodial parent’s income and other “net resources.” But what happens when a parent is in jail and has no income? Does that eliminate an existing support obligation? And can an inmate lose his or her parental rights because she is unable to make support payments? If there […]

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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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