The Law Office of Holly E. FullerThe Law Office of Holly E. Fuller2026-05-25T14:20:18Zhttps://www.hollyfullerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104332/2025/04/cropped-Holly-E-Fuller-site-icon-32x32.pngOn Behalf of The Law Office of Holly E. Fuller<![CDATA[3 mistakes to avoid during a custody dispute in Texas]]>https://www.hollyfullerlaw.com/?p=476292026-05-25T14:20:18Z2026-05-25T14:20:18ZDo not speak negatively about the other parent
When tensions run high, you might feel tempted to criticize your former partner in front of your child or on social media. This behavior can backfire in significant ways. Texas courts tend to look favorably on parents who encourage healthy relationships between children and both parents.
Badmouthing your co-parent could give courts the impression you are not prioritizing your child's emotional wellbeing. Speaking negatively about your co-parent can also harm your child psychologically, forcing them to feel caught between two people they love.
Instead of venting your frustrations in public, consider speaking with a therapist or a trusted friend in private. Try to keep conversations with and around your child focused on positive topics and reassure them that you still love them.
Do not violate existing custody orders
Even if you disagree with temporary custody arrangements, failing to follow court orders can severely damage your credibility. You might be tempted to withhold visitation when they feel angry or keep your child longer than permitted because you believe it serves the child's interests.
However, violating a court order in Texas can result in contempt of court charges, which may lead to fines or jail time. Courts may also modify your existing order, though this typically only happens if the modification is in the child’s best interest, and your violation constitutes a material and substantial change in circumstances. Courts tend to take these violations seriously, regardless of your reasons.
If you believe the current arrangement needs changes, consider working through proper legal channels rather than taking matters into your own hands. Document any concerns you have and discuss them with your attorney. Following orders demonstrates to the court that you respect the legal process and can cooperate effectively as a co-parent.
Do not forget to document important information
Many parents fail to keep records of important events, conversations and their involvement in their child's life. This lack of documentation can hurt your case when you need to demonstrate your parenting capabilities.
Texas courts often consider factors such as each parent's involvement in the child's education, physical and emotional needs and the stability of their home environment. Concrete documentation helps prove your active engagement in these areas.
Consider maintaining a calendar of your parenting time, your child's activities and school events you attend. Save communications with the other parent and keep records of expenses you cover. Take photos of special moments with your child. This documentation provides concrete evidence of your active role in your child's life.
Protecting your rights as a parent
Custody disputes have the potential to shape your relationship with your child for years to come, so you need to approach the process carefully. When you follow court orders, communicate respectfully and keep thorough records, you show the court that you can provide the stable and supportive environment your child needs.]]>On Behalf of The Law Office of Holly E. Fuller<![CDATA[How can you ensure your postnuptial agreement is valid in Texas?]]>https://www.hollyfullerlaw.com/?p=476262026-04-24T12:23:37Z2026-04-24T12:23:37ZPut everything in writing
Texas law requires postnuptial agreements to be in writing and signed by both spouses. A verbal agreement simply will not cut it, no matter how sincere the conversation. You will want to create a formal document that clearly outlines all terms and conditions. This written agreement should be comprehensive and leave no room for ambiguity about what you and your spouse have agreed upon.
Make sure both of you sign the document voluntarily. Any hint of coercion, pressure or duress could invalidate the entire agreement. Each spouse should have adequate time to review the terms before signing. Rushing through this process might raise questions about whether both parties truly understood what they were agreeing to.
Consider full financial disclosure and fairness
Transparency is crucial when creating a postnuptial agreement. It would help if both spouses would be transparent with their assets, debts and income. Hiding property or failing to reveal financial information could render your agreement unenforceable down the road.
The agreement should also be fundamentally fair to both parties. While Texas courts generally respect the freedom of spouses to contract with each other, an agreement that is extremely one-sided might face challenges. You may want to ensure the terms do not leave one spouse in an unconscionable position.
It is also worth noting that both spouses might benefit from having separate legal representation. Independent attorneys can help ensure the protection of each person's interests.
Finally, remember that postnuptial agreements cannot include provisions about child custody or child support, as courts maintain jurisdiction over matters affecting children's welfare.
Taking these steps can help strengthen your postnuptial agreement and increase the likelihood it will hold if needed in the future.]]>On Behalf of The Law Office of Holly E. Fuller<![CDATA[Difference between contested and uncontested divorce in Texas]]>https://www.hollyfullerlaw.com/?p=476232026-03-29T05:15:55Z2026-03-29T05:15:55ZDivorce in Texas can take different paths depending on your level of agreement. Understanding the difference can help you prepare for what lies ahead.
What defines each type of divorce
An uncontested divorce means you and your spouse agree on all key terms. These include property division, child custody, support and debt.A contested divorce occurs when at least one issue remains unresolved. In that situation, the court must step in to decide the outcome.
Key differences that affect your case
The main distinctions can shape how your divorce unfolds. Here’s what you need to consider:
Agreement: Both spouses resolve all issues without court involvement.
Timeline: Uncontested cases may conclude shortly after the 60-day waiting period.
Cost: Fewer disputes often mean lower legal expenses.
Control: You retain decision-making authority instead of a judge.
These factors can influence how quickly and smoothly your case progresses.
How uncontested divorce works
You and your spouse submit a written agreement that outlines all terms. The court reviews the paperwork and may finalize the divorce without hearings.This process often reduces conflict. It may also help you maintain more privacy since fewer details enter the public record.
How contested divorce works
A contested divorce involves formal legal procedures. These may include discovery, temporary hearings, mediation and trial. Common areas of dispute include:
Child custody: Disagreements over parenting time or decision-making.
Property division: Conflicts about asset value or distribution.
If no agreement is reached, a judge issues a final decision. This can increase both the timeline and overall cost.
Understanding timing requirements
Texas Family Code § 6.001 requires a minimum 60-day waiting period before a divorce can be finalized. This rule applies even when both spouses agree on all terms.This waiting period can affect how quickly you can complete the process, regardless of the type of divorce you pursue.
Speak with an attorney about your options
Every divorce involves unique circumstances. An attorney can help you understand your rights and evaluate whether a contested or uncontested approach fits your situation.]]>On Behalf of The Law Office of Holly E. Fuller<![CDATA[How a prenup or postnup can actually protect your marriage]]>https://www.hollyfullerlaw.com/?p=476212026-02-16T08:13:24Z2026-02-16T08:13:24ZPrenuptial and postnuptial agreements often carry a stigma. Many people assume they signal doubt or distrust, but the reality is different. When approached thoughtfully, these agreements can deepen communication, prevent conflict and strengthen a couple’s bond. They’re less about predicting the end of a marriage and more about creating clarity and trust at every stage of life together.
1. They make tough conversations easier
Talking about money, assets or responsibilities can feel uncomfortable. A prenup or postnup provides a structured way to have these conversations without judgment. Couples can discuss their expectations, priorities and concerns openly. Addressing potential disagreements before they become conflicts encourages honesty and shows a willingness to listen and compromise; both crucial for a healthy marriage.
2. They reduce stress when life changes
Marriage is full of transitions; buying a home, having children, starting a business or caring for aging parents. These moments can bring unexpected stress and strain. Agreements that outline financial roles and responsibilities act as a safety net. When each partner knows what to expect, it’s easier to manage changes together instead of letting uncertainty or tension undermine the relationship.
3. They build a sense of fairness and security
Feeling secure in a relationship isn’t just emotional, it’s practical. Prenups and postnups clarify boundaries and responsibilities in a fair, balanced way. When partners trust that both their interests are respected, resentment is less likely to take root. This sense of mutual respect reinforces commitment, helping couples focus on growing together instead of worrying about “what if” scenarios.Far from being a sign of doubt, these agreements can be a proactive tool that allow couples to face challenges together, knowing they have a clear framework to guide decisions when life gets complicated.Get guidance for your unique situationNo two marriages are the same, and agreements should reflect your specific needs and values. Consulting a qualified family law attorney helps you create a prenup or postnup that supports your partnership, protects your rights and keeps your relationship strong. With the right guidance, these agreements can safeguard your marriage and keep love at the center.]]>On Behalf of The Law Office of Holly E. Fuller<![CDATA[How the courts address custody order enforcement requests]]>https://www.hollyfullerlaw.com/?p=476142026-01-28T22:10:02Z2026-01-28T22:10:02Z1. Gather adequate evidence
A parent alleging violations of a court order related to custody must have documentation supporting their claims. Evidence could include text messages canceling parenting sessions or documentation proving that they showed up for visitation or parenting time, only to get turned away without warning. Photographs, detailed journals and digital records, such as dated selfies taken at the drop-off location, to follow the terms included in a custody order.
2. Request compliance from the other parent
In some cases, non-compliance with a custody order may be accidental or subconscious. One parent may fail to consider how their behavior impacts the children or the rights of the other parent in the family. In some cases, a discussion about a pattern of canceled or shortened visits could lead to an amicable resolution and adherence to the custody order.
3. Petition the courts for enforcement
If the other parent does not acknowledge the issue or refuses to change their behavior, then going back to family court is generally the best option. During custody enforcement proceedings, a judge reviews the documentation of the violations that occur.
The petition requesting enforcement generally needs to outline exactly what violation occurred and what enforcement support the petitioning parent wants to receive from the courts. A judge can theoretically order makeup parenting time. They can reallocate the division of parenting time or decision-making authority. They can also hold the noncompliant parent in contempt of court in some cases. The nature of the custody order violation and the family history are among the factors that influence what solutions the judge ultimately offers.
Parents feeling frustrated about regular or significant custody order violations may need assistance navigating the family courts and enforcing their parental rights, and that’s okay. Requesting custody order enforcement can be a complicated process, but parents who follow the proper procedures can protect their time with their children despite a co-parent’s attempt to interfere.]]>On Behalf of The Law Office of Holly E. Fuller<![CDATA[How can couples qualify for uncontested divorces?]]>https://www.hollyfullerlaw.com/?p=476122025-12-21T11:52:56Z2025-12-21T11:52:56Zmore the spouses may pay in divorce costs. Some couples can minimize their expenses and speed up their divorces by cooperating with one another.
Uncontested divorce filings are often the best possible option available. When can spouses qualify for an uncontested divorce?
When they have a marital agreement
Some people start their marriages with a contract already in place. If the marriage ends due to divorce, the terms of the prenuptial agreement that they previously signed determine how they handle their financial separation from one another.
Couples facing marital challenges or unexpected changes in their finances may agree to negotiate a postnuptial agreement with one another. If spouses have a valid marital contract in place, they can potentially avoid a litigated divorce.
When they negotiate before court
Sometimes, spouses start talking about divorce before either spouse files. In such scenarios, they may be able to resolve their disagreements and proceed with an uncontested divorce filing.
Other times, one spouse may initiate a divorce, but then they work with their spouse to negotiate a settlement. Spouses have to agree on how to divide their property if they do not want a judge to apply community property rules to their assets. They may also have to settle matters related to child custody, which can be a very emotional matter.
Typically, spouses have to have settled all of their major disagreements to be eligible for an uncontested divorce. Provided that they have a contract or negotiate cooperatively with one another, they can set their own terms and minimize the time spent in family court. Learning the basics about divorce statutes can help people if they want to settle divorce issues amicably.
Those considering divorce may need assistance understanding their rights and obligations, especially if the goal is an uncontested divorce filing where the spouses set their own terms. Proper advocacy can make all the difference for those hoping to achieve an uncontested divorce.]]>On Behalf of The Law Office of Holly E. Fuller<![CDATA[3 factors that affect the validity of marital contracts]]>https://www.hollyfullerlaw.com/?p=476092025-12-23T23:37:50Z2025-11-19T19:17:54ZThere are two main types of marital contracts. Some couples negotiate prenuptial agreements before they get married. Other couples that have already committed to one another might negotiate postnuptial agreements.
Both types of marital contracts may help clarify what spouses expect from the marriage. They can also lay the foundation for an amicable, uncontested divorce by setting clear terms for property division and other financial matters. People who have previously signed marital agreements may expect their prenuptial or postnuptial agreement to dictate the outcome of a pending divorce. Still, there are certain scenarios in which the courts may set aside marital contracts. What scenarios can undermine the usefulness of a prenuptial or postnuptial agreement?
1. Unconscionable terms
Frequently, disputes about marital contracts relate to how imbalanced they are. Sometimes, one spouse wants protection because they earn more or have more assets. If the agreement centers on the needs of one spouse without offering anything of substantial value to the other spouse, the courts may agree that the contract is unconscionable. Truly unfair and imbalanced marital contracts may not hold up under scrutiny in family court.
2. Lack of representation
The idea that each person signing a prenuptial or postnuptial agreement needs to pay a separate attorney may seem ridiculous at first. However, lawyers have an obligation to put their clients’ needs first when providing legal representation. The person who hires the lawyer benefits from their fiduciary duty, while the other spouse may not receive equal consideration in that scenario. If one spouse failed to retain a lawyer to review the agreement, they could potentially claim that they were unaware of the implications of the contract and that they agreed to it without understanding it.
3. Duress
Generally speaking, any contract, including a prenuptial agreement, should be the result of a voluntary agreement between parties. If one spouse can claim that duress led them to sign the agreement, the courts may set it aside during divorce proceedings. Direct threats of physical or financial harm could constitute duress. An ultimatum to sign a prenuptial agreement while pregnant and engaged could also create duress. Reviewing the agreement itself and the circumstances surrounding its creation can help people understand their rights. Prenuptial and postnuptial agreements can often streamline the divorce process, but they are not always enforceable and valid contracts. Spouses may need help determining if their marital contracts are enforceable in family court.]]>On Behalf of The Law Office of Holly E. Fuller<![CDATA[My spouse is cheating: How does it affect our Texas divorce?]]>https://www.hollyfullerlaw.com/?p=476062025-10-30T12:58:54Z2025-10-30T12:58:54ZWhen a marriage ends due to infidelity, many assume that the cheating spouse will automatically be penalized in the divorce settlement. This is a common but often incorrect assumption. The legal system views "fault" differently than the average person does.
Before you develop your legal strategy, it is crucial to understand the two main categories of divorce states and how adultery can impact your financial and custody outcomes.
Adultery as a ground for divorce
Texas is a community property state that allows for both no-fault and fault-based divorces. No-fault means you simply claim the marriage is insupportable due to disagreements you cannot fix. A fault-based divorce, however, allows you to specifically cite your spouse’s adultery as the reason for the marriage’s end.Proving infidelity lets the court consider your spouse's conduct when making key decisions on property division, child custody (conservatorship in Texas) and spousal support. This is not about revenge, but about establishing a legal ground that influences other aspects of your divorce settlement.
On property division
The most significant legal effect of adultery often appears in the division of property. Texas courts divide marital assets in a “just and right” manner, which usually means a 50/50 split.If you can prove your spouse committed marital misconduct, however, the court may gain the discretion to award you a disproportionate share of the community estate. If your spouse spent marital funds on the affair, such as buying gifts, paying for trips or renting hotel rooms, the court may also require your spouse to reimburse the marital estate for this waste of community assets.It is critical to understand that courts do not punish cheating just to punish it. They aim to make the property division fair, considering the fault that broke the marriage.
On spousal support
The issue of spousal maintenance, often called alimony, may also change when adultery is a factor. Texas law sets strict rules for a spouse to qualify for spousal maintenance in the first place.If the spouse requesting financial support committed infidelity, the court may deny or reduce the award. Conversely, if you are the spouse requesting support and your spouse committed adultery, the court may look more favorably on your request.
On child custody
Texas courts focus exclusively on the child's best interests when deciding conservatorship. A parent's adultery, by itself, rarely causes them to lose custody or visitation rights.The affair only becomes a major factor if it harms the children. For instance, if the cheating spouse exposed the children to inappropriate behavior or neglected their parental duties because of the affair, the court pays close attention. The focus always remains on the children’s safety and well-being, not on the moral failing of the parent.
Proving adultery in court
If you suspect your spouse is cheating, you will need to provide circumstantial evidence of their marital misconduct. Comprehensive documentation of the following is critical:
Text messages or emails indicating a romantic relationship
But beware: Courts take special care to ensure you obtained this evidence legally. Violating privacy laws can result in the evidence being thrown out.
Protecting your rights and future
When going through a divorce with adultery in the mix, it is best to keep your emotions separate from your legal strategy. The law provides specific opportunities to hold an unfaithful spouse accountable, but you must also take the correct legal steps.If you intend to use your spouse's fault, building an airtight case is often achievable with sound legal planning. Your future stability may depend on it.]]>On Behalf of The Law Office of Holly E. Fuller<![CDATA[How can divorcing spouses arrange for uncontested filings?]]>https://www.hollyfullerlaw.com/?p=476042025-10-02T03:50:11Z2025-10-02T03:50:11ZBy deferring to an agreement
Some people have already paved the way to an uncontested divorce. They may have negotiated a prenuptial agreement before getting married that outlines terms for the divorce.
Other times, those going through difficult changes in their families may negotiate postnuptial agreements. Provided that they are valid and enforceable, marital contracts can make an uncontested divorce an achievable goal.
By negotiating solutions for disputes
Just because spouses disagree about key issues does not mean that litigation is inevitable. They have the opportunity to negotiate with one another and resolve their disagreements.
Some spouses negotiate through their lawyers to limit conflict. They identify their key priorities and ask their attorneys to try to iron out the details. Others might attempt alternative dispute resolution as they prepare for divorce.
They can potentially spend months trying to resolve disagreements about key details of the divorce. So long as the spouses reach an agreement that they both find acceptable, they have the ability to present the court with the terms they established instead of deferring to a judge’s ruling on key matters.
While settling before divorce proceedings may require an investment of time and patience, spouses may be able to enjoy a faster, calmer and less unpredictable divorce if they work cooperatively. Identifying current disagreements and possible solutions can help people improve their chances of divorcing without litigation.]]>On Behalf of The Law Office of Holly E. Fuller<![CDATA[Divorce: What many people misunderstand about community property]]>https://www.hollyfullerlaw.com/?p=476022025-09-04T22:49:54Z2025-09-04T22:49:54ZA simple 50/50 split is not automatic
Only those with ironclad marital contracts know the exact terms for property division. Even if the courts choose to split resources evenly, the steps taken to achieve that goal can vary drastically from one case to the next.
People significantly underestimate the complexity of community property division during a Texas divorce. To many people, the term “community property” is synonymous with a 50/50 split of the marital estate. They expect each spouse to receive half of each asset and to take responsibility for half of the marital debts.
However, the actual property division settlement could be far different from an even split. Spouses can set whatever terms they deem appropriate in an uncontested divorce scenario. If they do go to court, a judge can also deviate from the presumption that an even split is appropriate.
Spouses can present evidence about marital circumstances that can convince judges to grant one spouse more marital property or make them responsible for more marital debts. Dissipation of marital property, uneven earning potential due to medical issues and a host of other complicating factors, including how parents share custody of their children, can influence the outcome of property division proceedings.
While even splits can occur, both judges hearing divorce cases and spouses settling disputes have the authority to divide a marital estate in an appropriate manner. Gathering evidence about marital circumstances and evaluating one’s marital estate with a skilled legal team are both important steps for those hoping to secure a fair community property division outcome. People who understand the law can empower themselves as they navigate the Texas divorce process.]]>