Divorce: how to get a Temporary Restraining Order (TRO) in Texas?

A Temporary Restraining Order (TRO) is an order that demands a party not take action until a hearing can be held. Under Texas Law, a TRO will last for 14 days or until a temporary orders hearing. You can file a motion for a TRO, Temporary Orders, and Temporary injunction and by filing this motion … Read more

Divorce: what are temporary orders and what can they do?

What are temporary orders? Temporary Orders are used in cases in which there is a need for Orders to be in place affecting your children or your property while the case is waiting to be finished, i.e. have Final Orders. What can be in temporary orders? In cases involving children, temporary orders can be necessary … Read more

Divorce: how to get started in Texas?

Where can I get divorced? Under Texas law, one spouse must be a resident of the state for a minimum of 6 months prior to filing. In order to determine the county in which you file, you must be a resident of that county for 90 days prior to the filing date. What do I … Read more

Divorce: What types of Property do we have?

Texas is a “community property” state which can make a divorce complicated when determining whether or not property owned is community property. In most cases, the community property consists of the marital home and retirement accounts. Please see definitions below: Community Property: Property that is received during the marriage. Separate Property: Property that is obtained … Read more

Divorce: What is the value of our business?

If you are facing a contested divorce and you are not sure what will happen to your business, it is important to have an accurate valuation of the business in order to properly determine the division of property. You should consult with a valuation professional, please note that an experienced divorce attorney will provide this … Read more

Divorce: Contested or Uncontested?

How do I know if my divorce is contested? You should ask these questions in order to know whether or not you have an contested or uncontested divorce? If you have a disagreement in any of these areas, you have a contested divorce. It’s always important to have an attorney when you are trying to … Read more

What Does Financial Exploitation look like?

Possible Evidence of Exploitation: Please always remember, if you are in this situation, It is your right to say that you would like to consult an attorney.  We want to help the whole family in these situations against the District Attorney’s office and APS. Both of these entities will try and create sides and separate your … Read more

I received a Letter from Adult Protective Services (APS)?

I received a letter from APS that I’m being investigated, what should I do? Read the letter very carefully, the letter should give you a short explanation as to why they are contacting you. The letter may also list the name or names of the alleged victim of the suspected abuse, neglect, or exploitation. Should … Read more

Theft by Diminished Capacity?

What is Theft by Diminished Capacity? Texas Law States that consent cannot be given by a person with diminished capacity. Further, consent is not effective, even when its given, by a person with diminished Capacity. The Main Elements that Prosecutors will have to prove in a case like this are: (1) the victim had diminished … Read more

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