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Texas Divorce Questions & Answers
0 Answers | Asked in Divorce, Family Law, Child Custody and Civil Litigation for Texas on
Q: Can I switch Jurisdiction to my County now, same State, at the time but now she moved out of State? (been a year)

Filed for visitation in my County but it got transferred to her County. During the process she moved out of State for no reason at all. I want my County to have Jurisdiction now. She has residence in the other state now.

0 Answers | Asked in Divorce for Texas on
Q: What are the implications of not revealing a child born outside of the marriage during separation before divorce?

Husband and I separated 4 years ago, for one thing or another never got to finishing divorce process. I have been with current partner for 3 years and have a 1 year old. I didn’t disclose my marriage to the hospital at birth, so baby has his dad’s last name and acknowledgement of paternity. I... View More

0 Answers | Asked in Divorce for Texas on
Q: Should I get All of my retainer back?

Hired in Nov for motion to enforce on divorce. In May after not hearing anything in 3 months, asked for update. Days later got partial retainer refunded stating he was resigning due to staffing issues. He kept $1000.00. The only thing I got from him was at least a 6 month delay as I now have to... View More

1 Answer | Asked in Divorce for Texas on
Q: How do I find out the deadline for submitting evidence and witnesses in a divorce trial? I am pro se.

I have contacted the court clerk who referred me to the Texas Rules of Evidence, but those rules are not case specific.

John Michael Frick
John Michael Frick
answered on May 16, 2024

If there is not a scheduling order entered in your specific case, the deadlines set forth in the Texas Rules of Civil Procedure (not Evidence) and the Texas Family Code govern. Read chapter 301 of the Texas Family Code and Rules 192-195 of the Texas Rules of Civil Procedure, especially Rule 194a.

0 Answers | Asked in Divorce for Texas on
Q: How do I get Alimony stopped when neither parties live in the same State nor the original State with jurisdiction?

No property or Children, visitation, or custody involved; purely alimony. Parties live in different States (OK & TX) but different from State with jurisdiction (VA).

1 Answer | Asked in Criminal Law and Divorce for Texas on
Q: I want to fire my court appointed attorney but I have a status hearing in 6 days
John Michael Frick
John Michael Frick
answered on May 15, 2024

A mentally competent person can fire an attorney, including a court appointed attorney, any time without having to provide any explanation.

A court is not required to appoint a new court-appointed attorney or to grant a continuance of any setting. The defendant can represent him- or...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Divorce for Texas on
Q: Can I file for divorce on my own, if I'm asking for NO court ordered child support for a 4 year old?

Spouse is in Harris County, however I now preside in Travis County. I'm not seeking child support and don't want a legal battle.

John Michael Frick
John Michael Frick
answered on May 13, 2024

Legally, an individual is allowed to represent herself (or himself) in court in Texas. It doesn't matter whether you are asking for court ordered child support or not.

Legally an individual can rebuild the transmission of her own car.

You have to ask yourself if you have the...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs

if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs with 2 kids now im trying to enforcement.. but just asking can i revoke divorce he makes twice more in his income

John Michael Frick
John Michael Frick
answered on May 7, 2024

No, you cannot revoke a divorce. If you were unaware of the previous divorce proceeding and did not receive notice as a result of some fraud or deception by your ex-husband, you could possibly file a bill of review.

Disparity in income standing alone is not a sufficient basis for an award...
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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: During divorce do I need a quit claim on the house

We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?

James Clifton
PREMIUM
James Clifton
answered on May 3, 2024

During a divorce, it's generally advisable to address any property interests, including the house, to ensure clarity and protect your interests going forward. Even if your spouse has expressed that she wants nothing to do with the house, obtaining a quitclaim deed can help to formalize her... View More

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0 Answers | Asked in Divorce for Texas on
Q: Final divorce 2003, Webb County TX. My attorney didn’t file a QDRO. Can an attorney in EP county complete the process?

I need assistance in filing the Qdro but I no longer reside in Webb county.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I'M NEEDING TO FILE FOR A DIVORCE BUT MY SPOUSE LIVES IN ANOTHER STATE. WE BOTH AGREE ON THE DIVORCE.

WE DO NOT HAVE KIDS TOGETHER. JUST NEED TO FILE

Brett Christiansen
Brett Christiansen
answered on Apr 30, 2024

In Texas, residency requirements for divorce cases are governed by Texas Family Code Section 6.301. According to this statute, either party involved in the divorce proceedings can establish residency in Texas, allowing the divorce case to be legally filed in a Texas Court.

Specifically,...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My wife lawyer sent me a email with a divorce date the next day and i didnt see it until a couple of days later. She

told the judge that i signed the divorce decree which i didn't and my ex wife got all three houses and all of her military retirement. We continue to live together for another year and one day she just put me out on the streets. I want to file a motion for a new trial or a motion for a modify... View More

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

The deadline to file a motion for new trial is 30 days from the date the divorce decree was signed. If you did not receive notice that the decree was signed, that deadline can be extended up to 120 days from the date the decree was signed, depending on when you first learned that a decree was... View More

0 Answers | Asked in Divorce for Texas on
Q: What steps can I take to ensure that I am able to effectively communicate with my ex-wife about our children while respe

What steps can I take to ensure that I am able to effectively communicate with my ex-wife about our children while respecting any legal boundaries or guidelines set forth in the divorce decreed?

What documentation or evidence should I gather to support my case if my ex-wife seeks full... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: Do I have to file from Texas?

I finally got an address for the dad that’s been absent for a year can I file in his state or is it better to file in Texas? If so what do I file to keep my child and I safe from domestic violence on my end.

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

Under the Uniform Child Custody Jurisdiction Act, the state which is the "home state" of the child has jurisdiction over any court proceeding to establish paternity or conservatorship and possession of the child. A child's "home state" is the state where the child has... View More

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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Texas on
Q: Can I sue the lawyer who handled my divorce for malpractice in TX?

The lawyer who handled my divorce did not do anything I asked and she promised, she behaved unethically and lied to me. Please, can you provide me with the names of divorce malpractice lawyers in Texas?

John Michael Frick
John Michael Frick
answered on Apr 29, 2024

If your divorce lawyer's conduct fell below the standard of care and caused you to sustain damages, you can sue her for legal malpractice. How strong your case is depends on the particular facts and circumstances, the nature of your damages, and the likelihood you would have prevailed on the... View More

0 Answers | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I reside in Harris County. My wife has sued me for divorce in CA. I have 2 Children ages 5, and 8 that live with me here

We separated at the before the beginning of summer in 2023. She unenrolled the kids from school about a week prior to the end of the school year (without my knowledge) During that summer she only let me speak to them 2 times. I was expecting them to be in Texas at her mothers home but they went to... View More

0 Answers | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I reside in Harris County. My wife has sued me for divorce in CA. I have 2 Children ages 5, and 8 that live with me here

We separated at the before the beginning of summer in 2023. She unenrolled the kids from school about a week prior to the end of the school year (without my knowledge) During that summer she only let me speak to them 2 times. I was expecting them to be in Texas at her mothers home but they went to... View More

0 Answers | Asked in Contracts and Divorce for Texas on
Q: Divorced 2019 ex has not paid nor given property can I do anything now to fight for what's on divorce papers?

It's a couple of thousand dollars and sentimental items. Please and thank you.

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Personally haven’t been getting help from the other parent.

Can I ask the court for physical and legal custody if the other parents hasn’t tried to even go to court for our child, it’s been about a year. I’ve been asking for a divorce but they’re just clinging on and telling me to wait.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

If you are still married to the other parent, you will need to file a petition for divorce and include a request to be appointed sole managing conservator in the divorce pleadings.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: When initiating a divorce, if the wife asks you to pack your bags and leave and you comply.canthisbe used againstulater?

Both names on the mortgage. One doesn’t want to lose any rights to house, kids, or assets.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

It can be used against you in a temporary order hearing to award the wife temporary exclusive use and possession of the house during the pendency of the divorce action. It will not affect a final disposition of the property in your divorce decree.

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