Denton Divorce Law Blog
Overlooked Partition Options for Heirs
In 2017, our Texas legislature passed a new law titled “The Uniform Partition of Heirs Property Act.” The Act can be found in the Texas Property Code. Though fairly lengthy, the Act allows co‑owners of property to partition the property by sale if the property cannot...
The Expanding Rights of Non-Parents
In 2018, the Texas Supreme Court delivered an opinion expanding the rights of non-parents to have standing (the legal right to bring a lawsuit) in certain lawsuits under the Family Code. In the Interest of H.S., a Minor Child, the Court held that a non-parent may have...
Social Media and Why It’s Important to Be Careful What You Post When You have an Open Court Case
There are a variety of benefits and risks associated with relevant technology. Facebook has nearly 2 billion users. A new Facebook account is created five times every second. One statistic states that 50% of 18 to 24-year olds go on Facebook every morning when they...
Splitting Time During Holidays for Children: Keeping Holidays as Stress-Free as Possible
The holidays can be a difficult time for those going through a divorce or custody battle. Luckily, there are a few things you can do to keep your holidays sane. Know where your children will be spending the holidays, what times they'll be with their other parent and...
ATTACHMENT/ SEQUESTRATION
The Estates Code authorizes the Probate Court to issue a writ of attachment, conditioned on the posting of a bond ordering a Sheriff or Constable to seize and hold the property or part of the property, pending additional orders of the Court. The allegations of the...
Temporary Restraining Order & Temporary Injunction
The purpose of a Temporary Restraining Order or a Temporary Injunction is to maintain the "status quo" or in other words, keep things the way they are. Generally, in order to get a Temporary Restraining Order ("TRO") or a Temporary Injunction one must prove the...
Prohibited Cellular Phone Use While Driving in Denton County
Effective June 1, 2017, it is illegal to use a hand-held communication device while driving in Denton, Texas. This effectively means that drivers can no longer use a cell phone for text messages, email correspondence, voice call, face time or other physical use by...
A COURT OF INQUIRY PROCEEDING
A court of inquiry is a criminal proceeding authorized by and conducted according to the Texas Code of Criminal Procedure. When a District Judge, acting in his capacity as magistrate, has probable cause to believe an offense has been committed against the laws of this...
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...
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...
