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Q: Am I entitled to my husband's 401(k) in a Rhode Island divorce?
I am in the process of submitting divorce papers for my husband of nearly 20 years. He left two years ago, leaving my teenage daughter and me homeless for about a year. Given our situation and the lack of a prenuptial agreement, am I entitled to a portion of his 401(k) retirement plan? We live in... View More 
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Albin Moser
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answered on Jul 13, 2026
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answered on Jul 13, 2026
Yes, definitely. Retirement accounts are marital property, subject to equitable distribution by the court. Even if your husband will not agree to it and the account is solely in his name, the court would order that the 401(k) plan administrator divide the 401(k) account. After the divorce this is... View More
Q: Can I file for an annulment now for my aunt with Alzheimer's in Texas?
I have power of attorney and special guardianship for my 78-year-old aunt who has Alzheimer's disease. After her husband's passing, we discovered she married a 44-year-old man in Jamaica. The marriage certificate contains incorrect details, such as her residency, marital status, and... View More
Sharita Blacknall
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answered on Jul 14, 2026
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answered on Jul 14, 2026
Your own Texas residency does not determine whether the annulment can be filed here. The court will look at whether your aunt is now legally domiciled in Texas, meaning Texas is intended to be her home.
Your power of attorney would usually allow you to hire an attorney for her, but it may... View More
Q: Can I file for an annulment now for my aunt with Alzheimer's in Texas?
I have power of attorney and special guardianship for my 78-year-old aunt who has Alzheimer's disease. After her husband's passing, we discovered she married a 44-year-old man in Jamaica. The marriage certificate contains incorrect details, such as her residency, marital status, and... View More
John Michael Frick
answered on Jul 13, 2026
answered on Jul 13, 2026
She will need to meet the six-month domicile requirement before you file suit here. You will need expert medical evidence that your aunt did not have the mental capacity to consent to marriage at the time of the marriage and at any subsequent time in which she cohabited with her Jamaican husband.... View More
Q: Can my spouse cover divorce fees due to my health and financial situation?
I am filing for divorce, with November 29 marking four years of an unhappy marriage. I have no income due to health issues, and he has been the primary financial provider. We don't have children together. I've tried to discuss settling this amicably with my spouse by reaching out several... View More
John Michael Frick
answered on Jul 13, 2026
answered on Jul 13, 2026
Yes, you can ask for your husband to cover the filing fees. Otherwise, it is likely you will need to use community funds or credit to pay them initially. Unless you had a prenuptial agreement, all income earned for personal services performed by you and by your husband are community funds,... View More
Q: Can my dismissed divorce hearing in Texas be reinstated due to lack of notice?
I filed a petition for divorce in El Paso, TX, and was representing myself. I did not receive any notice of my hearing, and it was dismissed on July 10th. I would like to know if it's possible to have my hearing reinstated. I'm planning to call the court to verify the address and method... View More
John Michael Frick
answered on Jul 13, 2026
answered on Jul 13, 2026
You should file a verified motion to reinstate within 30 days of the date of dismissal and set it for hearing before the trial court's plenary power expires. Otherwise, you will likely need to refile.
Your verified motion should explain that you never received notice of the dismissal... View More
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