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Denton Divorce Law Blog

Possession for Children Less than 3 years old in Texas

The Texas legislature has declined to provide a set schedule for children under 3 years of age, instead the Texas legislature has provided us with a list of factors the court should take into account when determining a possession schedule for a child less than 3 years old.

What is a No-Fault Divorce in Texas?

A no-fault divorce is preferred by most divorcing couples because it can leave a lot of personal information out of the court case. The parties to the no-fault divorce do not claim or have to prove fault in the breakup of the marriage. The language used is: "The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation."

End of DACA Program

On Tuesday, September 5, 2017, the Trump administration announced that the Deferred Action for Childhood Arrivals program-or DACA-would be phased out over the next six months, concluding on March 5, 2018. No new applications for legal status dated after September 5, 2017, will be accepted. President Trump tweeted seeking action by Congress, with House Speaker Paul Ryan expressing hope that the House and Senate will find a suitable alternative.

Who can Claim a Child as Dependent on Taxes in Texas?

Typically, only one parent can claim a child as a dependent. So, which parent claims a dependent child? Generally, the parent that has the child for the greater part of the year (over 50%), in other words the parent that the child lives with primarily, claims the dependent-exemption deduction for the child. Only he or she is allowed to claim the child as an exemption. However, the parent the child lives with primarily can give the other parent the right to claim the child as a dependent if certain requirements are met.

Governor Greg Abbott signs bills for "community-based foster care" and other major CPS changes

Governor Greg Abbott has recently signed a number of bills aimed at improving child protection in Texas. After much controversy over the broken system, lawmakers have been working to target major issues, providing the Texas Department of Family and Protective Services the options and resources to do what needs to be done for these children.

Parental Alienation - What to Avoid & How to Recognize Symptoms

Divorce brings out the worst in people, but that should never extend to children of the relationship. While parents sort out their dispute, they should do their best to shield their children from the nitty gritty details. Unfortunately, however, some take the divorce as opportunity to poison their children against the other parent-essentially demanding that a child choose "sides." This, in a very general sense, is Parental Alienation.

What to do if a Party is not following a Texas Family Law Court Order in Texas

Once family law cases in Texas have court orders and if one of the parties is not abiding by these orders, the other party must bring it to the attention of the court. Most often that is done by filing a Motion for Contempt or a Motion for Enforcement.

How Can You Avoid Probate if Your Only Asset is a House?

In Texas, you may avoid the requirements of probate if you have a limited estate by filing a community property agreement and/or amendment to your deed if the goal is to avoid probate between spouses. Simply put, if Alice and John are married and have a home which is their principal asset that would need to be transferred in probate, a simple revision of their deed or filing of a community property agreement establishing that the survivor will have 100% of the house will eliminate the need for a probate of the estate or a muniment of title if there are no other assets that need to be probated. The typical cost for a modification to a deed of this sort costs less than $500.00 where the average muniment of title probate proceeding can run between $1,000.00 and $2,000.00 and a full probate can run in excess of $2,500.00.

Don't Let Emotions Guide Decision-making in Divorces

Divorce can be a painful and difficult process to go through. Unfortunately, some people use their divorce as a tool for revenge and vengeance towards their spouse without realizing the price they will personally pay in the long run. It is not uncommon for spouses in the middle of a divorce proceeding to deliberately do things to provoke an emotional reaction from each other. Frequently, this causes unnecessary funds to be depleted and needless emotional heartache.