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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce for Texas on
Q: The husband never talk just suddenly sent me a email from a attorney about divorce case, I don't know what is that?

I'm in the process of divocing the husband. But I need time to figure out something. I broke my bone and cannot work at the present. I live and rest at another place because it is too depressed if I don't move out. but husband looks like he is in hurry to finish the divorce as fast as he... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 25, 2022

Retain a lawyer, Yiu may be able to get temporary spousal support until you can return to work, The service not be good but I cant tell you for sure without looking at the file..

1 Answer | Asked in Divorce for Texas on
Q: Legally divorced if in the divorce decree the name of ex-husband is incorrect?

Ex’s name in divorce decree is (using initials only) JAF instead of JIF.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 21, 2022

Have your lawyer correct this. It may cause you issues in the future, The good news is you are divorced.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: My wife does not want to divorce but will sign a separation agreement or postnup for lump sum. What is best way forward

She is too traumatized to divorce right now, but needs a lump sum representing half the community property and 7 years of spousal support. What is the best document for her to sign so that if she agrees to divorce later, the court will deduct this pre-payment from what she is owed in a divorce... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 19, 2022

A post nupt agreement is what you need,

1 Answer | Asked in Divorce for Texas on
Q: My soon to be ex husband filed for divorce and everything he put in for the reason was a lie and I never got a chance to

Fight back and deny the petition he defamed my character by saying I abandoned my son at a strangers porch which is not true and he used that excuse to get early discharge out of the army! I have proof I wS with my son taking him to school every day during the dates he's accusing me of doing... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 18, 2022

Retain a lawyer and have your day in court, He has to prove the allegations . His word alone is not enough

1 Answer | Asked in Divorce for Texas on
Q: Al encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal pr

Property awarded to the husband in this decree unless express provision is made in this decree to the contrary.

what does this mean in a texas divorce decree?

John Michael Frick
John Michael Frick
answered on Nov 15, 2022

It means those types of debts must be paid by the Husband if they are associated with property awarded to the Husband.

For example, taxes owed on a parcel of real estate that has been awarded to the Husband must be paid by the Husband.

A lien against a motor vehicle that has been...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: How do I find all pending charges against my cousin?

Need some good advice for my cousin to get him back on track he needs a good pro bono lawyer cuz he is caught up in some nonsense

Sharita Blacknall
Sharita Blacknall
answered on Nov 15, 2022

There is no central place for him to look for all charges. He will have to contact each county that he thinks he has pending charges. Many counties have websites where this information can be obtained. If the county does not have a website with this info, he can call the county clerk, district... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Going through a divorce and can’t afford a lawyer. Judge issued a court order to exchange appraisal list within 30 days?
John Michael Frick
John Michael Frick
answered on Nov 11, 2022

In divorce proceedings, it is usually required that the spouses exchange a sworn Inventory & Appraisement early in the case. A form is available in Section 7 of Volume 1 of the Texas Family Law Practice Manual (3rd ed). Your County Law Library should carry this Manual. The librarian can help... Read more »

2 Answers | Asked in Divorce for Texas on
Q: When a spouse has ownership in a highly profitable business, how can/do they hide/misrepresent assets?

Is hiring a Private Investigators, Financial Forensics Svc, etc… the best way to go when you know your spouse is extremely SHADY (narcissist traits). Focus on finances discovery…

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 10, 2022

Take Cash or open bank accounts without your knowledge,

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2 Answers | Asked in Divorce for Texas on
Q: When a spouse has ownership in a highly profitable business, how can/do they hide/misrepresent assets?

Is hiring a Private Investigators, Financial Forensics Svc, etc… the best way to go when you know your spouse is extremely SHADY (narcissist traits). Focus on finances discovery…

John Michael Frick
John Michael Frick
answered on Nov 10, 2022

In my experience, the most common ways are for the spouse to use the business entity to purchase and own assets which are unrelated to any legitimate business purpose of the entity and for the spouse to cause the business entity to retain earnings that the spouse is entitled to for providing... Read more »

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1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: What is needed to file for a de novo hearing in Travis county

I had a judge sign off on temporary orders on Friday. But they are not fair or just. They were written by my husbands attorney since I do not have one.

John Michael Frick
John Michael Frick
answered on Nov 7, 2022

If the temporary orders were made by an Associate Judge, you should file a proper and timely objection to the specific parts of the order which with you disagree and promptly set it for hearing before the district judge.

2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: My grandpa bought his house and is in his name only, before he married his wife of 25+ years.

They are now in the process of a divorce. But I'm not so sure he will live long enough before the divorce is finalized. He wants to leave his house to me only. What do I need to do to ensure this happens?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 3, 2022

He can give you the house now by deed or do a will

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2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: My grandpa bought his house and is in his name only, before he married his wife of 25+ years.

They are now in the process of a divorce. But I'm not so sure he will live long enough before the divorce is finalized. He wants to leave his house to me only. What do I need to do to ensure this happens?

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 3, 2022

He can have a Will or Trust drafted in his name detailing his wishes. Whatever interest he owns in the home after the outcome of the divorce can transfer to you upon his death.

If his wife retains or it is determined she owns an interest in the home, she may be able to live in the home...
Read more »

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1 Answer | Asked in Divorce for Texas on
Q: I am filing for Divorce, Husband is threatening me to disclose an income I did not report to get Medicaid for my ill son

We got separated 5 years ago, I moved to another state and I had a Baby that was born with Heart complications, I applied for Medicaid for his Insurance but when I asked my husband for a divorce he threatened to disclose an income that he paid me for a portion of a sold property that at that time... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 1, 2022

File for divorce. If he reports you he is reporting himself too. He sounds like a jerk.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I need to postpone my divorce

My husband has bipolar disorder. It is serious he can act normal, but he is not in the right frame of mind. I need to find out how to stop and pause. he missed our daughters graduation that is way out of character for him. I do not have peace with this right now. I have to postpone it I don’t... Read more »

John Michael Frick
John Michael Frick
answered on Oct 27, 2022

The answer depends on the current state of your case, the court it is in, and the particular facts and circumstances of your specific situation.

The first and most important thing you can do is hire an attorney with experience in family law.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: How to legally terminate a court-ordered spousal maintenance

My husband got a Texas court-ordered spousal maintenance in his '09 divorce (after a 10+yr marriage) which is to end after employment, death, remarriage or cohabitation of his disabled ex. She informed him that she'll be moving in with her fiancé in December and marrying in April... Read more »

John Michael Frick
John Michael Frick
answered on Oct 21, 2022

At the outside, the longest court-ordered spousal maintenance can last in a Texas divorce decree is 10 years (if the spouses were married to each other for 30 years or more). Tex. Fam. Code 8.054.

If the decree was entered in 2009, it has already expired.

Otherwise, your husband...
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1 Answer | Asked in Divorce for Texas on
Q: How long would I receive spousal support after a 14 year marriage with two kids

Military spouse and I've been a stay at home mom for years

John Michael Frick
John Michael Frick
answered on Oct 19, 2022

If you are unable to work and earn enough to support yourself, you could receive spousal maintenance for up to five years.

Spousal maintenance is not automatic. You must generally demonstrate that you have diligently sought employment but due to physical limitations, lack of education or...
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1 Answer | Asked in Divorce for Texas on
Q: How do I submit a notarized document to divorce court?
John Michael Frick
John Michael Frick
answered on Oct 18, 2022

Go to the EFileTexas.gov website and choose an electronic filing service provider EFSP. Some offer free trials.

You will need to scan the document, OCR it, then electronically file it with the clerk of your divorce court. If the document contains certain types of personal information,...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: What happens if file for divorce in Texas have waited 60 days since filed and officer tried to serve wife no response ?

She was served and the were unable to now what do I do it's uncontested divorce no children

John Michael Frick
John Michael Frick
answered on Oct 16, 2022

Your attorney’s next step should be to prepare an appropriate divorce decree and other legal papers to get a default judgment. Depending on the court, you may also have to appear in person in court for a brief court hearing called a prove-up. This court appearance used to be almost universally... Read more »

1 Answer | Asked in Divorce for Texas on
Q: is an ex spouse entitled to pension money that was earned years after our divorce was final? We were divorced in 2005.

I went to work for a company in 2010 and have just retired in August 2022. During the years that I was with the company I had a pension. I have just retired and have requested the payout on my pension. The company will not pay out my pension. The reason they are using is that I was married from... Read more »

John Michael Frick
John Michael Frick
answered on Oct 16, 2022

Typically, a former spouse is not entitled to any portion of a pension earned while working for an employer after divorce.

However, I have seen divorce decrees in which the parties have agreed to share future retirement benefits with each other.

You should carefully read the...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: How can my ex sign a waiver of service from out of state?

My ex left the state the day after I filed for divorce and has agreed to sign a waiver of service so I don't have to serve them. They are potentially signing a global waiver so I can move on with the divorce without needing them. How do they go about getting it notarized and filed from another... Read more »

John Michael Frick
John Michael Frick
answered on Oct 14, 2022

A notary public in another state, and certain authorized consular officials in another country, can notarize the document.

It doesn’t have to be a Texas notary.

If that is preprinted on the form, as is customary, the notary in the other state can just cross out Texas and write in their state.

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