Sorting Out Separate and Community Property in a Galveston Divorce Case

October 15th, 2018 by Tad Nelson in Divorce

For most Galveston couples seeking a divorce, the main contested issue is division of property. Texas law presumes that any property acquired by either spouse during the marriage (except as a gift) is “community property.” Conversely, any property acquired by either spouse individually prior to marriage is classified as that spouse’s “separate property.” But what […]

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Divorce, Informal Marriage, and the Legal Status of Same-Sex Couples Under Texas Law

October 15th, 2018 by Tad Nelson in Divorce

Texas is one of a minority of states that continues to recognize common-law marriage. The Texas Family Code actually refers to these unions as informal marriages. These are marriages that enjoy legal recognition in Texas despite the fact the couple never obtained a marriage license. Under the Family Code, there are two ways to establish […]

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Should I File for Fault-Based or No-Fault Divorce?

September 24th, 2018 by Tad Nelson in Adultery, Divorce

For Galveston-area couples looking to get a divorce, it is not necessary to assign legal fault to either spouse. Texas law authorizes a judge to grant a divorce on the grounds of “insupportability,” which is just another way of saying no-fault divorce. However, a spouse may still seek divorce based on the other spouse’s fault, […]

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How Do I File for Divorce If My Spouse Lives Outside the U.S.?

September 6th, 2018 by Tad Nelson in Divorce

Divorce is not a private matter: it is a type of litigation. This means one spouse must sue the other to obtain a divorce, even if the parties amicably agree to do so. And as with any lawsuit, the spouse filing for divorce must legally serve the other spouse. This usually is not too difficult […]

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What Happens if a Judge Makes a Mistake in My Divorce Case?

August 13th, 2018 by Tad Nelson in Divorce

Nobody is perfect. This applies to judges as much as anyone else. Sometimes judges issue a factually incorrect judgment. For example, say you and your spouse are getting a divorce. You manage to reach a settlement regarding the division of your property and present it to a judge for approval. The judge then approves the […]

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When Can a Texas Court Modify a Child Custody Order?

August 7th, 2018 by Tad Nelson in Divorce

When it comes to child custody disputes in Galveston, divorce is not always the last word on the matter. Texas courts have the authority to modify orders regarding “conservatorship or possession and access” with respect to a minor at any time post-divorce for good cause. Specifically, the parent proposing the modification must demonstrate there has […]

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Is a Prenuptial Agreement Enforceable If It Has a Forfeiture Clause?

July 16th, 2018 by Tad Nelson in Divorce

Many Galveston couples choose to sign prenuptial agreements in order to minimize potential arguments over property in the event of divorce. Keep in mind, a prenuptial agreement is a legally binding contract. Texas law recognizes such agreements, and courts will not invalidate them except under narrow circumstances spelled out in state law. TX Supreme Court […]

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Divided Texas Supreme Court Rules Wife Entitled to Entire Marital Home Following Husband’s Child Abuse

July 11th, 2018 by Tad Nelson in Divorce

Back in February, we discussed a pending Texas Supreme Court case involving the division of community property in a case where the husband committed multiple acts of sexual abuse against the wife’s daughters. A lower court held that despite the husband’s actions–for which he is currently serving a 60-year prison term–it would not be “just […]

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What to Do when Your Ex-Spouse Interferes with Visitation

June 18th, 2018 by Tad Nelson in Divorce

Divorce is often an emotionally-draining experience, so it is normal to breathe a sigh of relief when you reach the end. You might expect your post-divorce life to be easy in comparison to your marriage and your divorce. Unfortunately, problems often crop up between ex-spouses, even after a judge has signed a divorce decree. Your […]

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What are Community Property and Separate Property?

June 13th, 2018 by Tad Nelson in Divorce

A Texas divorce does more than free up each spouse to marry someone else. Instead, a marriage is an economic unit, and a divorce completely unwinds your financial entanglements. As part of your divorce, a judge will need to divide your marital property, which is called “community property” in Texas. Read on to find out […]

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