Can You Start Dating Before Your Divorce is Finalized?

April 6th, 2022 by Tad Nelson in Divorce

One of the benefits of getting divorced is the ability to finally re-enter the dating scene in search of true love. However, dating before your Houston divorce is finalized is risky. It can definitely impact a final divorce settlement, in particular the division of community property and alimony. If you date while married, it is […]

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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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What You Should Know About Protective Orders in Texas

February 10th, 2021 by Tad Nelson in Domestic Violence

Those who have been the victims of domestic violence in Texas can legally protect themselves by requesting a protective order. These orders are issued by the court and are specifically designed to shield petitioners from further violence. There are, however, certain procedures and rules with which petitioners must comply, so if you believe that you […]

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Can a Jury Convict Me If Domestic Violence Even If the Accuser Recants?

September 12th, 2019 by Tad Nelson in Domestic Violence

Domestic violence is a serious matter under Texas law. In some cases it can lead to felony charges and put a defendant in jail for well over a decade. So it is critical that every piece of evidence is carefully considered by the jury before it reaches a verdict. Appeals Court: Jury Allowed to Disbelieve […]

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Can I Still Be Convicted of Family Violence Even if the Accuser Changed Her Story?

November 9th, 2018 by Tad Nelson in Domestic Violence

Once a domestic violence allegation is made to law enforcement, even a subsequent recantation by the accuser will not necessarily stop the case from going to trial. Indeed, the legal system is often eager to excuse an accuser changing his or her story as part of the underlying act of domestic violence. So even the […]

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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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How a Default Judgment Works in Texas Divorce Cases

September 27th, 2017 by Tad Nelson in Divorce

Divorce is a type of civil litigation in Texas. This means that one spouse must sue the other to obtain a judgment of divorce. While many divorces are uncontested or resolved through mediation, the spouse named as the defendant always has the right to contest the proceedings and go to trial. If the defendant spouse […]

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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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How Does Adultery Affect the Division of Marital Property in Texas?

August 3rd, 2017 by Tad Nelson in Divorce

Historically, adultery was one of the few legal grounds for divorce in Texas. But with the advent of “no-fault” divorce, it is no longer necessary to prove that one spouse cheated on the other. Indeed, in many cases it is in both parties’ interests to seek a no-fault divorce even if there is adultery. After […]

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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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