Spotlight
Challenges of Enforcing Verbal Contracts
Verbal agreements often happen in everyday life. From simple service arrangements to more complex business deals, many rely on a handshake or a spoken promise. But when it comes to the legal enforcement of these agreements, things can get tricky. While verbal contracts can be legally binding in many cases, proving and enforcing them comes with significant challenges.
What Is a Verbal Contract?
A verbal contract is an agreement made through spoken words between two or more parties. In theory, it carries the same legal weight as a written contract, provided it meets the key elements of a valid contract: offer, acceptance, consideration (exchange of value), capacity, and legality. However, without written documentation, proving the existence and terms of the contract becomes much more difficult.
To know more about contracts, read this article: Understanding the Basics of Contract Law in Texas
Common Challenges in Enforcing Verbal Contracts
- Lack of Evidence
- The primary challenge in enforcing a verbal contract is the absence of physical evidence. With no written terms to reference, proving the specifics of the agreement is often reduced to “he said, she said.” This can create a scenario where one party may deny parts or all of the agreement, making it hard to establish a clear basis for enforcement.
- Disputes Over Contract Terms
- Even when both parties acknowledge that an agreement exists, they may disagree on the terms. Without a written document to clarify what was agreed upon, the details can become muddled over time. One party may remember certain provisions differently, leading to confusion and disputes about what each party is obligated to do.
- Burden of Proof
- In a legal dispute, the party seeking to enforce a verbal contract carries the burden of proof. This means they must present compelling evidence that the agreement existed and what its terms were. Without a written contract, this often relies on witness testimonies, phone records, emails referencing the agreement, or other circumstantial evidence. While these can help, they are not as strong as having a signed document.
- Reliance on Witness Testimony
- If a verbal agreement was made in the presence of others, witness testimony might be used to support the enforcement of the contract. However, witnesses may have limited recollection, or their memory of the agreement could be biased. Testimonies are inherently subjective and can be challenged in court, weakening the case.
- Statute of Frauds
- In some situations, Texas law (like the laws in many states) requires that certain contracts be in writing under the Statute of Frauds. This includes agreements related to real estate transactions, contracts that cannot be completed within a year, or sales of goods worth more than $500. If a verbal contract falls under one of these categories, it won’t be enforceable unless it’s documented in writing.
- Time Sensitivity and Memory Decay
- Time is another factor that can challenge the enforcement of a verbal contract. The longer it takes to address a breach or disagreement, the harder it becomes to recall the details accurately. Memories fade, and people’s recollections may shift, making it increasingly difficult to establish a clear account of the agreement.
How to Mitigate These Challenges
To avoid the pitfalls of enforcing verbal contracts, it’s always advisable to formalize agreements in writing whenever possible. Here are some tips to help mitigate the risks:
- Put It in Writing: Even if you don’t draft a formal contract, document the key terms of the agreement in writing and have both parties sign it. This simple step can prevent many of the disputes that arise from verbal agreements.
- Use Emails or Texts: If a written contract isn’t feasible, follow up a verbal agreement with a confirmation email or text message outlining the terms. This creates a record that can be referred to later.
- Include Witnesses: If possible, have a third party witness the verbal agreement. This can provide additional support if the contract’s terms are ever disputed.
- Consult a Lawyer: For more significant agreements, consult an attorney to ensure the contract complies with applicable laws and is enforceable if needed.
Conclusion: Is Enforcing a Verbal Contract Worth the Risk?
While verbal contracts can be binding, the risks associated with enforcing them often outweigh the benefits. The lack of solid evidence, the burden of proof, and the potential for disputes over terms make verbal agreements difficult to enforce in court. Written contracts, on the other hand, provide clarity, reduce misunderstandings, and offer strong legal protection. When it comes to important agreements, taking the time to document everything in writing can save you from headaches, disputes, and legal battles down the road.
Always seek legal advice when entering into significant agreements, and avoid relying solely on verbal contracts whenever possible.
Spotlight
What Happens When Divorce Affects Immigration Sponsorship? A Closer Look at the Legal Crossroads in Texas
Many individuals don’t realize that divorce can significantly impact immigration status, financial obligations, and the future of both spouses. The legal consequences vary depending on the stage of the immigration process, and they often straddle both federal immigration law and state-level family law, particularly in Texas.
We spoke with the team at the Law Office of Udo Ezeamama, a Houston-based law firm that handles both immigration and divorce cases, to understand what’s at stake—and what individuals can do to protect themselves.
Immigration Status: Where You Are in the Process Matters
If your green card or immigration status is based on marriage, divorce could trigger serious consequences:
- Pending Green Card Applications: If a divorce occurs while a Form I-130 (Petition for Alien Relative) is still pending, the entire petition may be denied. That’s because the marriage no longer legally exists, and the basis for sponsorship disappears.
- Conditional Permanent Residents: If the marriage was less than two years old when the immigrant spouse received their green card, they are issued a conditional green card valid for two years. Normally, the couple must file Form I-751 together to remove the conditions. If they divorce before that filing, the immigrant must request a waiver and prove the marriage was entered into in good faith. This often becomes a complex and emotionally charged process, requiring strong documentation.
- Full Permanent Residents: If the immigrant has already received a full 10-year green card, divorce usually doesn’t affect their residency status. However, other areas—like citizenship eligibility and financial sponsorship—may still be impacted.
Financial Obligations Don’t End With Divorce
One of the most misunderstood aspects of immigration sponsorship is Form I-864, Affidavit of Support. When a U.S. citizen or green card holder sponsors their spouse, they agree to support them financially so they do not become a public charge. This is a binding federal contract, not just a formality.
What’s surprising? Divorce does not terminate this obligation.
“The Affidavit of Support creates an enforceable duty that survives divorce,” says Attorney Udo Ezeamama. “Sponsors remain responsible until certain legal benchmarks are met—such as the immigrant becoming a U.S. citizen, working for 10 years, or leaving the country.”
This means a sponsor could be legally required to support their ex-spouse, regardless of alimony or divorce agreements issued by a Texas court.
Bona Fide Marriage: Proving It Was Real
In cases where divorce occurs before immigration conditions are removed, USCIS will scrutinize whether the marriage was genuine or fraudulent. Couples who divorce must be able to prove the relationship was entered into in good faith.
Evidence may include:
- Joint bank accounts and bills
- Photos from shared trips or family events
- Lease agreements or shared mortgages
- Affidavits from friends or family
- Birth certificates of children (if applicable)
“If USCIS suspects the marriage was for immigration purposes only, they can deny the petition or initiate removal proceedings,” Ezeamama warns.
How Divorce Impacts Naturalization
Another wrinkle? Divorce can also affect eligibility for U.S. citizenship. Typically, spouses of U.S. citizens can apply for naturalization after three years of residency. But if the marriage ends in divorce, the immigrant may need to wait the full five years instead.
Additionally, divorce may delay or disqualify individuals from other immigration benefits that rely on a living, legal relationship between spouses.
Texas Divorce Law Meets Federal Immigration Law
Texas is a community property state, meaning assets acquired during marriage are generally divided equally. While the divorce decree will handle matters like property, child custody, and spousal maintenance, Texas courts have no authority to cancel or override federal immigration sponsorship obligations.
However, divorce proceedings in Texas may indirectly impact immigration cases—for example, by documenting support agreements or abuse that could be relevant in federal waiver applications.
Legal Guidance Is Crucial in These Overlapping Cases
The intersection of family law and immigration law is complex and unforgiving. Deadlines, documentation, and proper legal strategy can make all the difference.
Attorney Udo Ezeamama urges individuals in this situation—whether the sponsor or the immigrant—to seek legal advice as early as possible.
“Too many people wait until it’s too late. Whether you’re filing for divorce, facing sponsorship questions, or trying to preserve your status, you need a lawyer who understands both systems.”
Spotlight
What Every Immigrant in Texas Needs to Know About Their Rights – Especially With a Criminal Record
For millions of immigrants across the United States, Texas offers a place of opportunity, family, and community. But as legal battles intensify over state-level immigration enforcement and as criminal records quietly jeopardize immigration status, knowing your rights has never been more critical.
In recent months, legal experts have warned that many immigrants in Texas — even those with valid visas or green cards — could be putting their futures at risk by not fully understanding how federal law protects them, or how a past offense could trigger deportation proceedings. One Houston-based firm, Mokolo Law, has taken the lead in offering education and representation on this complex intersection.
Federal Law vs. State Enforcement in Texas
Despite high-profile debates in Austin, immigration law remains under federal jurisdiction. That means only federal agencies like USCIS, ICE, and the Department of Homeland Security have the authority to enforce most immigration rules.
Recent attempts by Texas lawmakers to pass state-level enforcement bills (like SB 4, which sought to allow local police to arrest undocumented migrants) have largely been blocked by courts. Legal analysts say this reinforces what many immigration lawyers have argued for years: your rights are rooted in the Constitution, not political headlines.
According to Mokolo Law Firm’s published breakdown on “Your Immigration Rights in Texas”, immigrants — regardless of status — are protected by the Fifth and Fourth Amendments, including:
- The right to remain silent during questioning
- Protection from unlawful searches and seizures
- The right to a hearing before removal
- Access to legal counsel (though not court-appointed in immigration cases)
These protections are especially critical for those stopped by law enforcement or immigration agents in Texas, where local involvement can create confusion.
When a Criminal Record Complicates Your Immigration Journey
For many immigrants, the bigger threat doesn’t come from ICE raids or border patrol — it comes from a prior criminal conviction. And in immigration court, the consequences can be more severe than most realize.
According to Mokolo Law Firm’s guide on criminal records, certain offenses — including some misdemeanors — can:
- Make you inadmissible for a visa or green card
- Trigger deportation proceedings, even after years of legal residence
- Block naturalization, even if you’re otherwise eligible
- Lead to lifetime reentry bans if classified as an “aggravated felony”
Offenses involving fraud, controlled substances, domestic violence, and theft are among the most damaging. The trouble is, many immigrants don’t realize that immigration law has its own definitions of crimes, separate from how they’re classified in state court.
“Something as simple as a plea deal you took years ago to avoid jail time can now be the reason your green card is denied,” one Texas immigration attorney explained. “And once removal proceedings begin, the window to act gets very small.”
Legal Relief May Still Be Available
Fortunately, not all is lost. There are legal remedies for some immigrants facing inadmissibility or deportation due to criminal history, including:
- Waivers of Inadmissibility
- Post-conviction relief (reopening past criminal cases)
- Cancellation of Removal for long-term residents with strong family/community ties
- Asylum or Withholding of Removal if returning to home country poses danger
However, these strategies are legally technical and time-sensitive. Immigration attorneys — especially those with criminal law experience — are critical in identifying options and avoiding further harm.
Final Thoughts: Stay Informed, Not Afraid
Texas remains one of the most active states in the national immigration conversation. But the laws that affect your future are rooted in federal systems — and they come with both risk and protection.
Whether you’re pursuing a green card, defending against deportation, or simply unsure how a past mistake could affect your immigration status, the best defense is preparation. Stay informed. Keep your records. And when needed, speak to a legal professional who understands how immigration and criminal law overlap.
When it comes to family law matters, finding the right attorney can make all the difference in both the legal outcome and the emotional experience of the process. In Houston, one law firm that continues to stand out for its client-focused approach and legal expertise is Kamal Law Firm, PLLC, led by Attorney Farah Kamal.
Farah Kamal brings a unique blend of skills to the table as both a seasoned family lawyer and a certified mediator. Her areas of practice include divorce, child custody, child support, property division, adoption, and mediation. What sets her apart is her ability to handle cases that involve both family and immigration law — a rare and valuable skill in Houston’s diverse community.
One of the defining traits of Kamal Law Firm is its cultural competence. Attorney Kamal’s fluency in Urdu, Hindi, and Spanish allows her to connect deeply with clients from the Latin and South Asian communities, ensuring that language and cultural barriers never stand in the way of quality representation.
The firm is also known for its education-driven approach, keeping clients informed about their rights and the legal process at every step. Whether resolving disputes through mediation or advocating fiercely in court, Kamal Law Firm prioritizes fair outcomes and reduced stress for clients.
For anyone in Houston facing a divorce, custody dispute, or any other family law challenge, Kamal Law Firm offers not only legal representation but also compassionate guidance during some of life’s most difficult transitions.
To learn more about their services or to schedule a consultation, visit www.kamallawfirm.com or call 713-524-4529.
What Happens When Divorce Affects Immigration Sponsorship? A Closer Look at the Legal Crossroads in Texas
What Every Immigrant in Texas Needs to Know About Their Rights – Especially With a Criminal Record
