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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

What are the Child’s Best Interests Factors Under Galveston, TX Custody Laws?

May 14th, 2018 by Tad Nelson in Divorce

When a Texas divorce case involves minor children of the two parties, a court must address such issues as custody, visitation, and support. Since the law generally favors a situation where the child has solid relationships with both parents, joint custody is usually the preferred arrangement. From there, however, the statutes covering custody and visitation […]

Read More →

Dividing Business Interests in Galveston, TX Divorce Cases

May 9th, 2018 by Tad Nelson in Divorce

While parties are free to agree on property division in a divorce case, in the event of a dispute, Texas law requires a court to determine a division of marital assets that is just and right. The judge’s job is relatively straightforward when it comes to distributing such items as a residence, vehicle, bank accounts, […]

Read More →

Finding Assets Your Spouse is Hiding in a Galveston, TX Divorce Case

April 11th, 2018 by Tad Nelson in Divorce

In a Texas divorce, there are multiple facets of the case that depend upon determining the full value of the assets which spouses acquire during their marriage. A judge must know how much the entire marital estate is worth before issuing an order divvying up property and deciding whether an award for spousal support is […]

Read More →

Do I Need a Lawyer for a Galveston, TX Uncontested Divorce?

April 9th, 2018 by Tad Nelson in Divorce

In short, there is no requirement under Texas law to have an attorney represent you in any case, including divorce proceedings. The idea of representing yourself is probably attractive considering that you will not pay legal fees, especially if you and your spouse can agree on the important issues. In the absence of disputes over […]

Read More →

How Do Texas Courts Handle Undocumented Marriages Performed in Foreign Countries?

March 14th, 2018 by Tad Nelson in Divorce

In a contested divorce case, one of the first things you will need to establish before a Galveston judge is that there is, in fact, a legal marriage to dissolve. Texas does recognize common law marriages under certain circumstances, that is marriages where the parties did not go through a licensing procedure or formal ceremony. […]

Read More →