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 […]

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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, […]

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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 […]

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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 […]

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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. […]

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Can I Go to Jail for Failing to Comply With the Terms of My Divorce Settlement?

March 8th, 2018 by Tad Nelson in Divorce

Divorce cases involving disputes over the division of marital property can get quite heated. For many Galveston-area couples, it is not so much about the money or the property itself as it is not letting the other spouse “win.” Such emotionally driven decisions often serve to drag out an already lengthy process. And in the […]

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How One Spouse’s “Waste of Community Assets” Can Impact a Galveston Divorce Case

February 8th, 2018 by Tad Nelson in Divorce

If you are married, any property that you and your spouse acquire during the marriage is considered part of your “community” estate. In the event of divorce, a Galveston judge will divide a couple’s community property in a manner that is “just and right.” This does not necessarily mean a 50/50 split. If one spouse […]

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Texas Supreme Court to Reconsider Property Division in Fault-Based Divorces

February 1st, 2018 by Tad Nelson in Divorce

Texas is a community property state. In plain terms, this means that all property acquired during a couple’s marriage is presumed to belong to both spouses equally. But this does not necessarily mean that community property is divided equally in the event of divorce. So if you live in the Galveston area and sue your […]

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Overcoming the Presumption Against Alimony in a Galveston Divorce Case

January 12th, 2018 by Tad Nelson in Divorce

Spousal maintenance–aka alimony–is not as common as you might think in Galveston divorce cases. In fact, Texas law contains a presumption against the award of spousal maintenance by either side in a divorce. But this presumption can be overcome in a number of ways. For instance, if the couple has been married for at least […]

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How Legal Notice Requirements Protect Your Rights in a Contested Galveston Divorce Case

January 10th, 2018 by Tad Nelson in Divorce

Obtaining a divorce in Galveston is not a quick process. Even in cases where the parties’ split is amicable, there are certain legal deadlines and waiting periods that must be observed. Generally speaking, such delays are necessary to ensure that both spouses receive proper notice of any court proceedings and have an opportunity to prepare […]

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