LBD Law, PLLC

Are prenups enforceable in Texas? What you need to know

2026-09-19T14:07:26Z

The short answer is yes. Whether a Texas prenuptial agreement will hold up in court, however, depends on proper execution and making sure specific terms meet Texas legal standards.

What makes a prenuptial agreement valid in Texas?

There are certain legal requirements for a prenup to be considered valid. First, an oral agreement is not acceptable. It must be in writing. Second, both parties must sign the agreement voluntarily. Finally, unlike a standard contract, a prenup needs no consideration.

When Texas courts may not enforce a prenuptial agreement

Courts may decline to enforce a prenuptial agreement under certain conditions. For instance, a challenging party may invalidate a prenup if they prove one of the following:

The party did not sign it voluntarily.
The agreement was unconscionable when signed, and prior to finalizing it, the contesting individual lacked realistic awareness of the opposition's wealth, having neither received transparent monetary details nor formally relinquished their right to review such information.

Beyond these specific grounds, a judge may evaluate the overall circumstances present at the time of execution.

What a prenuptial agreement can cover

Texas law allows parties to address a range of financial matters in a prenuptial agreement. These may include:

Rights and obligations tied to each party's property
Modification or elimination of spousal support (alimony)
Creation of a will or trust to carry out the agreement's terms

Prenuptial agreements may not adversely affect a child's right to support. Agreements also cannot include terms that go against public policy or that impose a criminal penalty.

Putting your prenuptial agreement together

Because the rules surrounding asset disclosure and unconscionability are incredibly strict, a DIY prenup is highly risky. It is strongly recommended that both parties hire an experienced Texas family law attorney to draft and review the document.

What happens at a Texas criminal arraignment?

2026-08-31T16:45:17Z

A Texas criminal arraignment can feel confusing, especially if you have never been through a criminal case. You may wonder what the judge will ask, whether you need to enter a plea and what happens next. Knowing the purpose of this hearing can make the process easier to follow.

What is an arraignment?

Under Texas law, an arraignment is a proceeding used to establish the defendant's identity and hear the defendant's plea. In some cases, the defendant may waive the arraignment through counsel. Texas law identifies establishing the defendant’s identity and hearing the defendant's plea as the purposes of arraignment. An arraignment is not a trial. The court does not decide guilt or innocence during this proceeding. Instead, it marks an early step in the criminal case.

What happens during the hearing?

The exact process can vary based on the type of case and the court handling it. Generally, the defendant can expect the court to address several basic matters:

The court identifies the defendant and confirms the charge.
The defendant is advised of the accusation or charge.
The court addresses the defendant’s plea, such as guilty, not guilty or no contest (nolo contendere) when permitted.
The judge may address scheduling or other procedural matters.
The court may explain requirements the defendant must follow while the case continues.

Texas courts can follow different procedures depending on the circumstances, so an arraignment may not look exactly the same in every case.

What happens after arraignment?

After arraignment, the case may proceed to other pretrial proceedings. Depending on the circumstances, those proceedings may involve evidence review, pretrial motions, negotiations or preparation for trial. A defendant should also understand any conditions imposed by the court. Missing a required appearance or violating a court-ordered condition can result in additional court action or other consequences.

What the arraignment means for the case

Although an arraignment does not determine guilt, it is an important stage in a criminal case. The charge, plea and next steps can affect how a defendant approaches the rest of the case. Under Texas law, the procedures surrounding an arraignment depend on the circumstances of the criminal case. Knowing the purpose of the hearing can reduce uncertainty and help you stay aware of your responsibilities throughout the process.

Are you required to take field sobriety tests during a Texas DWI stop?

2026-08-26T05:32:13Z

Getting pulled over on suspicion of DWI in Texas can be stressful. Officers are trained to build a case from the moment they activate their lights, and one of their primary tools is the Standardized Field Sobriety Test battery. Knowing your rights before that situation arises can matter.

What are standardized field sobriety tests?

Based on NHTSA field sobriety testing standards, Texas officers use three tests during a DWI investigation:

Horizontal Gaze Nystagmus: an object is moved side-to-side before your eyes to detect involuntary jerking that can increase with alcohol consumption
Walk-and-Turn: nine heel-to-toe steps along a line, a prescribed turn, and nine steps back while counting aloud

Also, the one-leg-stand is a standard test, and it consists of one foot raised approximately six inches off the ground while counting aloud until told to stop.

Are SFSTs mandatory in Texas?

No. Performing field sobriety tests before arrest is voluntary. Declining is not a separate offense and does not trigger a license suspension. Chemical testing is a different matter. Under Texas law, refusing a breath or blood test after arrest can result in an administrative license revocation, and officers may seek a warrant to draw blood if you refuse.

Why sober drivers sometimes fail

Field sobriety tests are subjective and can be affected by factors unrelated to intoxication:

Uneven pavement, poor lighting, or bad weather
Medical conditions, joint injuries, inner ear problems, or age
Footwear such as heels or heavy boots
Nervousness or fatigue during a late-night stop

These issues are regularly raised in DWI defense cases.

What happens if you decline

An officer may still arrest you based on other indicators such as the odor of alcohol, your speech, or your driving behavior. By declining the tests, you avoid creating physical and video evidence that prosecutors regularly use at trial. You can do so calmly by stating that you are choosing to exercise your right to decline. If you are facing DWI charges, a DWI defense attorney in Texas can review the stop, the officer's observations, and any chemical test results to evaluate your options.

What happens when a parent violates a court order?

2026-08-10T12:28:20Z

A family court order creates legal obligations that parents are expected to follow. When one parent repeatedly ignores an existing custody, visitation or support order, the other parent may have legal options for seeking enforcement. If you are dealing with this situation in Rockwall, understanding the enforcement process can help you protect your rights and your child's interests.

What counts as a violation?

A violation occurs when a parent fails to comply with a requirement in an existing court order. Examples may include:

Refusing to follow the visitation schedule
Failing to return a child at the required time
Withholding a child from the other parent
Ignoring specific requirements for exchanges or communication
Failing to comply with certain support obligations

The exact terms of the order matter. A disagreement between parents does not automatically mean that a legal violation occurred.

What should you do first?

If the violation is not an emergency, start by documenting what happened. Keep copies of messages, emails and other communications. Record missed exchanges, dates and other relevant details.

You should also continue following your own obligations under the order. Responding to a violation by disregarding the order yourself can complicate the situation.

How can a court enforce its order?

A parent may ask the court to enforce an existing order when the other parent fails to comply. Depending on the circumstances, the court may consider whether the violation was intentional and whether the parent had a valid reason for failing to follow the order.

The court may consider various remedies, which can include additional orders designed to secure future compliance. In more serious circumstances, violations may result in contempt proceedings or other consequences permitted by law.

When should you seek legal help?

Repeated violations can affect your relationship with your child and create ongoing uncertainty for your family. You should consider seeking legal advice if the other parent consistently ignores the order, refuses parenting time or takes actions that could place your child at risk.

An experienced Rockwall family law attorney can review the existing order, assess the alleged violations and explain the legal options available to enforce your rights.

When can your child’s juvenile record be sealed in Texas?

2026-07-14T15:52:28Z

A juvenile case can continue affecting your child after court ends, creating concerns about college, work, housing or professional licensing. Record sealing can limit access to qualifying records. Once sealed, they generally do not have to disclose the matter on applications, and the law generally prevents others from using that denial against them. However, a court may still permit limited access in certain situations. Eligibility depends on the charge, outcome and later circumstances.

When records may qualify for automatic sealing

The state divides juvenile cases into different categories. Delinquent conduct generally involves an offense that can carry jail or prison time. Conduct indicating a need for supervision, or CINS, generally covers less serious matters, such as certain fine-only offenses or running away from home. Records involving delinquent conduct may qualify for automatic sealing when your child turns 19 if:

They have no felony juvenile adjudication.
They have no pending juvenile case.
A judge did not transfer the case to adult court.
They have no adult felony or jailable misdemeanor conviction.
They have no pending adult felony or jailable misdemeanor charge.

If the only referral involved conduct indicating a need for supervision, sealing may occur automatically at age 18 without the need for an application. You should still confirm the record’s status with the juvenile probation department that handled the referral.

How your child may request earlier sealing

While many wait until age 19 for automatic sealing, section 58.256 of the Texas Family Code allows someone to apply as early as age 17. A person younger than 17 may apply one year after final discharge from every juvenile matter. Your child must file the application with the juvenile court in the county that handled the matter. No filing fee applies. A judge may approve the request without a hearing, but must hold one before denying it.

When sealing may not be available

State law bars application-based sealing if your child received a determinate sentence for certain serious offenses, must still register as a sex offender or remains in Texas Juvenile Justice Department custody or a secure juvenile facility.

Protect your child’s future opportunities

A juvenile case does not reflect everything your child has learned or accomplished since then. Confirming whether the court sealed the records can help you address avoidable barriers to future opportunities.

Same-sex marriage and family law: What to know

2026-07-02T09:58:04Z

Family law can be complex, and knowing your rights is an important step in protecting your future. If you are exploring legal matters in Rockwall, Texas, it helps to be informed about how current laws apply to same-sex marriage, parenting and property division.

Learning about same-sex marriage rights

The United States legalized same-sex marriage in 2015. In Texas, you and your same-sex spouse have the same rights as other married couples. Spouses are often recognized as default decision-makers in many medical situations, especially if the spouse is incapacitated and there is no conflicting advance directive or other appointed decision-maker. You can also inherit property and access benefits. Marriage also creates legal responsibilities. You and your spouse may share financial obligations and other duties state law recognizes. Once you are familiar with your marital rights, it is also important to consider how these rules apply when raising a family.

Parenting and family matters

Many same-sex couples raise children through adoption, assisted reproduction or blended families. Texas law recognizes many parental rights for married couples. However, legal parentage can sometimes be more complex when one parent is not related by blood to the child. It is important to establish your legal parent status. This status affects rights like custody and visitation. It also affects your decision-making rights. Knowing how the law views parental rights helps your family plan for the future. This can also prevent unnecessary confusion. While many aspects of family life are positive, it is also helpful to know how the law manages situations if a marriage comes to an end.

Divorce and property division

When a same-sex marriage ends, the divorce process generally follows the same rules that apply to all married couples in Texas. During a divorce, courts may address several important issues, including:

Dividing your marital property and assets
Determining child custody arrangements
Establishing parenting time and visitation schedules
Calculating child support payments

Texas is a community property state, which generally means that property acquired during the marriage may be subject to division during a divorce. Each situation is unique, and your outcomes depend on the specific facts of your case. Grasping these legal concepts is a key step in staying prepared, so it is beneficial to keep up with these regulations.

Why staying informed matters

Family law affects many parts of everyday life. Marriage, parenting and property ownership can have lasting legal and financial effects. Learning about these topics helps you make informed decisions for yourself and your family. As a resident of Rockwall, staying informed about family law helps reduce confusion about your family rights and duties. Reviewing the Texas Family Code and exploring your family law options can help you feel confident when facing important life events.

Disability of a parent: Will it affect child support?

2026-07-01T13:29:17Z

Many parents wonder whether being disabled automatically changes their child support obligation. In Texas the answer depends on several factors, including the type of disability benefits received and whether the court modifies the existing order.

Factors affecting child support calculations

A parent’s disability can impact child support in several ways. Because certain disability benefits are legal income and might be included for child support payments. Here is how your payment could be affected:

Income calculation: Certain disability benefits including Social Security Disability Insurance (SSDI) and, in some cases, Veterans Disability (VA) benefits may be considered while calculating child support.
Derivative benefits: The court might credit some dependent benefits received by the child toward the parent’s child support obligation, depending on the circumstances.

Even if one parent is completely incapacitated or unable to work, the original court order would be active. Back-child support and high interest will continue to increase until a judge signs a new order. To request a modification of the support obligation, the disabled parent should immediately file a motion to modify the child support order with the court citing a “material and substantial change in circumstances.” In many cases, any modification takes effect no earlier than the date a request to modify is filed, making it important to act promptly.

Taking the right action

Dealing with a sudden disability with complex legal nuances can be overwhelming for many. If your earning capacity has changed, reaching out to an experienced divorce attorney could help you protect your rights and ensure your child support order reflects your current financial circumstances.

What if you miss court in Texas?

2026-06-08T12:33:02Z

Missing a criminal court date can feel overwhelming, especially if you realize the mistake after the hearing has passed. You may worry about being arrested, losing your bond or making your case worse. Although a missed date is serious, taking prompt, organized action can help you limit the damage and regain control of the situation.

A missed date can create a warrant

If you fail to appear, the judge may issue a warrant or capias, which could lead to an arrest during a routine traffic stop or encounter with law enforcement. The court may also initiate bond forfeiture proceedings, which can place cash, collateral or the underlying bond agreement at risk. If you used a surety bond, the bondsman may also attempt to locate you. Once you return, the judge may impose new release conditions.

Failure to appear can become a separate charge

In Texas, you may face a separate 'failure to appear' charge if you intentionally or knowingly miss court after being lawfully released from custody on the condition that you return. The potential penalty depends on the classification of the original charge and the type of court appearance missed. A missed date in a felony case can lead to a third-degree felony. In a Class A or Class B misdemeanor case, failure to appear is a Class A misdemeanor, which carries a penalty of up to one year in county jail. If the hearing involved a fine-only Class C misdemeanor, such as a routine traffic ticket, the separate failure to appear charge is strictly a Class C misdemeanor, punishable by a fine of up to $500 without jail time. State law also recognizes that a documented, reasonable excuse may affect how a judge evaluates the absence. It is vital to document medical emergencies, lack of proper notice or other serious issues that explain why you missed court.

Getting the case back on track

One absence does not have to control the direction of your case, but ignoring it can create additional legal and practical consequences. Acting quickly, confirming the warrant status and gathering proof of why you missed court can help you respond with a clearer plan. The sooner you address the issue, the more options may be available for getting the case back on track.

Know your rights: A guide for arrested individuals in Texas

2026-06-08T12:32:54Z

Being arrested for the first time can feel disorienting and deeply unsettling. You may not know what to say, what to do or what comes next. Understanding your rights in Texas can make a significant difference in how your case unfolds.

You have the right to remain silent

One of the most important things you can do after an arrest is to refrain from speaking. Anything you say to law enforcement may be introduced as evidence against you in court. You are not required to answer questions beyond providing basic identifying information, which includes your name, address and date of birth. Formally invoking your right to remain silent is not an admission of guilt. It is one of the most consequential steps you can take to protect yourself from the start.

You have the right to an attorney

The moment police arrest you, you have the right to consult with an attorney before answering any questions. If you cannot afford one, the court will appoint qualified legal counsel to represent you. Obtaining legal guidance before your first court appearance is critical because the decisions made early in a case can have lasting consequences.

You have the right to know the charges against you

Texas law requires the state to inform you of the charges against you. You also have the right to a copy of the formal charging document, whether it is a complaint, information or indictment. Understanding the specific charge matters because the severity of the offense, whether it is a misdemeanor or a felony, directly affects the potential penalties you face and the options available to you. Knowing exactly what you are up against positions you more effectively to respond.

An arrest is not a conviction

An arrest does not mean you will face a conviction. Texas law affords you the presumption of innocence until the prosecution establishes guilt beyond a reasonable doubt. If this is your first offense, you may have options available that can result in reduced charges or outright dismissal, depending on the circumstances. A criminal defense lawyer can thoroughly evaluate what those options look like for your specific situation and help you take the next step forward with clarity.

What can temporary orders cover during a Texas divorce?

2026-05-19T09:00:51Z

Divorce can leave urgent questions unanswered while your case is still pending. You may need to know where your children will live, who will pay certain bills or whether you can stay in the marital home. In Texas, temporary orders can create short-term rules while you wait for the final divorce decree. These orders do not end your case, but they can help reduce confusion during the process. You may request them through a temporary orders hearing, or you and your spouse may agree to certain nonpermanent terms in writing through a Rule 11 agreement.

Parenting and child support arrangements

If you and your spouse have children, temporary orders may address their daily routine and financial needs. A judge may set rules for where your children will live, when each parent will spend time with them and how exchanges will happen. These orders may also require one parent to pay child support while the case is pending. In some cases, the court may address health insurance and other child-related expenses.

Property, bills and financial responsibilities

Temporary orders may also address how you and your spouse handle property and expenses during the case. These orders often maintain the status quo while the case is pending. Under Texas Family Code Section 6.502, a court may issue interim orders after notice and a hearing to preserve property and protect the parties. Depending on your situation, a judge may decide who can stay in the marital home, who can use certain vehicles and who must pay specific bills, such as the mortgage, utilities or insurance. A judge may also order temporary spousal support or interim attorney fees in some cases. These orders can reduce financial uncertainty.

Temporary orders are not the same as TROs

Temporary orders are different from temporary restraining orders. A TRO usually addresses urgent concerns before a hearing can take place. Temporary orders often last longer and may cover broader issues after the court hears from both sides.

Moving forward with fewer unknowns

Temporary orders can give you a clearer structure while your divorce is pending. Because court-issued nonpermanent orders are legally binding, violating them may lead to enforcement actions, including contempt of court. By addressing these critical issues early, these orders may help you manage daily responsibilities while preparing for the outcome of your case.