Mark A. Nacol Law Blog

Preparing for a Texas Divorce - Part 1: Assets  
Preparing for a divorce is painful no matter the circumstance.  Before you get into the tangle of the divorce process, you can reduce the expense, stress and conflict many people face by making sure you are prepared.  Planning ahead allows you to make sound decisions and start preparing for your life post-divorce, and may also help you avoid post-divorce pitfalls. Below is a... Read More

Pro se is a Latin term meaning “for oneself” or “on one’s own behalf.”  To represent oneself pro se means to advocating for one’s own self before a court, rather than being represented by counsel.  The right of a party to a legal action to represent his or her own cause has long been recognized in the United States, and even predates the ratification of the Read More

Before signing a contract, read through it carefully.  Have an attorney review the contract.  Make certain that you know what obligations are stated and/or implied.  If you are uncertain as to your duties and you sign the... Read More

Rights and Duties of a Parent –  Joint Managing Conservator in Texas.
Waiver To the Guidelines is a Matter of Court Discretion

As a joint managing conservator of a child in a divorce proceeding in Texas, unless special circumstances arise justifying a variance from the Guidelines, the Court will normally order guideline code rights and duties and a parent will be awarded the following:

1.the right to receive information from any other conservator of the... Read More

In the continuing foreclosure crisis, millions of people are losing their homes.  Disorganization within big banks that service mortgages is making a growing problem even worse.  The number of cases is growing wherein the breakdown within the banking system is so absolute that it leads to mistaken and/or premature foreclosures.  Many have lost their homes.  Some homeowners, however, with the assistance of an attorney or housing counselor, have been... Read More

Knowledge of the rules, regulations and laws governing Texas home foreclosures can help homeowners protect their interests from an improper or irregular foreclosure.  Foreclosures may be judicial (ordered by a court following a judgment in a lawsuit) or non-judicial (done without court involvement by auction “on the courthouse steps”).  Most foreclosures are non-judicial.

A prenuptial agreement is a contract entered into by the parties prior to a marriage or civil union. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of the marriage. They may also include terms for guardianship and the forfeiture of assets as a result of divorce on the grounds of adultery, cruelty or legal abandonment. Laws vary between states and countries on how to... Read More

In a perfect world, parents going through the divorce process work together for the best interest of their child(ren) and are allowed possession of the child(ren) approximately fifty percent of the time.  However, issues such as drug addiction, mental or physical abuse, neglect, and severe mental illness may force a parent to petition the courts to order limited or supervised visitation.  On rare occasions, a parent is regrettably ordered... Read More

There are many legal and proper ways to obtain proof of a spouse’s infidelity.  Take care to avoid tactics used to obtain private information that may violate federal and Texas confidentiality laws and a spouse’s right to privacy.  You may be tempted by others to obtain proof of a partner’s infidelity by various inappropriate and/or illegal methods.  Reading emails, recording telephone calls, installing spyware or geographical tracking devices or even... Read More

A corporation is a legal entity that is granted a charter recognizing it as a separate legal entity having its own privileges, and liabilities distinct from those of its shareholders.  When it is formed it becomes a separate entity from the people who own the stock of the corporation.  For this reason, a corporation’s actions are made by the corporation and not by an individual person.  This legal distinction is what separates the liability of the Texas corporation... Read More