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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Who Qualifies as a Victim Under Texas Domestic Violence Laws?

July 12th, 2017 by Tad Nelson in Criminal Defense

Texas treats crimes involving domestic violence more harshly than similar acts against other types of victims. For example, under Section 22.01 of the Texas Penal Code, an assault that causes bodily injury is normally prosecuted as a Class A misdemeanor. But if the victim is a member of the victim’s family or household–or the defendant […]

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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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How Do Houston Courts Determine Child Visitation Schedules?

June 1st, 2017 by Tad Nelson in Family Law

Child custody and visitation rights are often one of the more contentious issues addressed in a Texas divorce proceeding. Ideally, the parents can agree to a schedule that works for them and their children. But when the parents fail to agree, the courts and the law have to step in. The Standard Possession Order The […]

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How Long Do I Have to Live in Texas Before Filing for Divorce?

May 16th, 2017 by Tad Nelson in Divorce

One of the common questions we get regarding divorce is whether both spouses have to live in Texas. Indeed, some people think you have to get divorced in the same state that you were married in or lived together as spouses before separating. This is actually now how the law works. Residency Requirements for a […]

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Can My Spouse’s Facebook Posts Be Used Against Me in Court?

May 4th, 2017 by Tad Nelson in Criminal Defense

A criminal domestic violence case does not automatically end if the alleged victim declines to testify. Texas prosecutors can and will use other evidence to prove a defendant’s guilt. This may include statements made to the victim’s friends, and in some cases even posts made to social media networks. Houston Man Convicted of Misdemeanor Assault […]

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What Are the Criminal Penalties for Domestic Violence in Texas?

April 4th, 2017 by Tad Nelson in Family Law

Domestic violence–or what is called “family violence” in the Texas Penal Code–refers to “an act by a member of a family or household that is intended to result in physical harm.” Family violence does not just extend to blood relatives or people living with you; it also applies to partners in a “dating relationship.” How […]

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Texas Property Division Survey

April 7th, 2016 by Tad Nelson in Divorce, Family Law

Texas is a community property state. What this means is that all property acquired during the course of the marriage is considered to be “community property,” and is therefore subject to equitable division in the event that the couple divorces. In order to find an agreement that is equitable, or “just and right” per Texas’ Family […]

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