Lawyers, Answer Questions  & Get Points Log In
Texas Divorce Questions & Answers
2 Answers | Asked in Criminal Law, Divorce and Federal Crimes for Texas on
Q: I hired a lawyer for my sons case last week. My son had court yesterday and the attorney didnt show. He has a trial set

For monday. Whats gonna happen if he doesnt show up again for the court

Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on Aug 3, 2022

The judge will likely reset the trial date if your attorney does not appear especially without knowing the reason why. Try to contact your lawyer and inform him of the trial date.

View More Answers

1 Answer | Asked in Divorce for Texas on
Q: I live in Texas. My husband wants to use the same lawyer in our divorce to save money.

I do not have my own lawyer and he set up an appointment for 9am in the morning and wants us both to go. We have been separated since sept last year and he moved out. He purchased his own home in Nov. he still owns the home I live in with our 3 kids as well

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 2, 2022

You can not use one attorney. The attorney can only represent one person. You can sign a waiver but do so at your own risk

1 Answer | Asked in Divorce for Texas on
Q: Divorce

Property

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 30, 2022

This is a community property state. You did not ask a question

1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Texas on
Q: After a temporary order , and finishing the order. Can the other party have a right to order a test without reasoning ?

I finished my life time recovery program on June 9th,2022. I was served a random court date for a hair and nail test. This started when I admitted to my husband I used when my son wasn't around. Due to the mental health and illness I was going through , I never had a criminal or drug history... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 29, 2022

If you are ordered to do a drug test you need to get one done asap. If you used you need more treatment,

1 Answer | Asked in Divorce, Family Law and Personal Injury for Texas on
Q: My wife gave me an STD that I can’t get rid of at all while she was having an affair.

This is the second affair in eight years but on the second affair like I said she gave me an STD that will be with me for the rest of my life what legal action in the state of Texas can I take besides divorce and we are separated right now and been separated for a year.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 28, 2022

You may be able to sue her if std but it may be hard to prove and if she does not have money waste of time

1 Answer | Asked in Divorce for Texas on
Q: How long do you have to live in a county before having to file for a divorce in that county?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 25, 2022

90 days and in the state of Texas 6 months

1 Answer | Asked in Divorce for Texas on
Q: Divorce final trial is set on 7/12/2022, on the day of trial my attorney informed me Judge postponed the trial,

Is this scenario happens in Tarrant county TX? What steps, do we need to wait for another 6 months or so to reschedule next trial date.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 24, 2022

If you can reach an agreement you can finalize the court before the new date .

1 Answer | Asked in Divorce for Texas on
Q: I think i filed in the wrong county? Wht shud i do?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 23, 2022

You have to file in county you live or your spouse lives. If you filed in wrong county non suit and file a new case in the right county

1 Answer | Asked in Divorce and Family Law for Texas on
Q: If I leave my marital home before divorced & rent an apartment, will I forfeit all my rights to the home?

I own a home with my husband. I want to move out. If I leave and rent an apartment before divorce is filed or completed, is that considered abandonment of the marital home? Will I automatically lose any right to the value of the home or money made off the sale of the house?

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

If your home is community property you do not lose your equity if you move out.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: How does owning a home affect renting an apartment?

I’m seeking a separation from my spouse with whom I own a home. Married for almost four years. Seeking advice on steps to take to remove myself from the home.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 4, 2022

Retain a lawyer. You can rent an apartment but the house payment still needs to be paid. If your spouse agrees to pay the house payment you can file agreed temporary orders

1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Q: Serving texas subpoena on a GA based company by serving it's registered agent in texas.

I have an enforcement action against my Ex in Texas court. My ex lies to court that he earns just $40,000 per year but I know he gets over $150,000 per year.

I want to secure payment records via subpoena from his work place to prove to court.

My ex works at newell company in GA.... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 30, 2022

Are you serving a Motion for Enforcement? Or a subpoena? Those are two different documents

If you are serving a Motion for Enforcement and if your ex is an employee of the company in Georgia, you cannot serve a Motion for Enforcement for your ex, by serving the company that they work for or...
Read more »

2 Answers | Asked in Divorce and International Law for Texas on
Q: Hi, My spouse and I are Americans and Egyptians; if he divorced me in Egypt, what are my rights as Texas resident?

I’m 54 years old, married for 33 years, and unemployed ( I’m seeking a job); my husband and I are almost separated for 3 years. We do have a home in Sugar Land and joined banks accounts

( that he is controlling most of them, I don’t have online access except for one account). I’m... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 28, 2022

First and foremost: I know nothing about the law of Egypt except that it, too, is inherited from the British.

Go get yourself a lawyer tomorrow! Most lawyers will give you the first interview for free, and then try to work out a system of payment. You need to be the first to file and...
Read more »

View More Answers

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: My husband file divorce. Since we miscommunication and more . We decided trying out marriage or couple counseling.

I didn't recive letter yet . Is his file can be hold or do I need hire lawyer? What do I need expect

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 26, 2022

He can put the divorce on hold, If you have not been served you do not need to worry.

1 Answer | Asked in Immigration Law, Divorce and Family Law for Texas on
Q: 10yr GC holder. Applied 4 passport on 3yr marriage eligibility. Interview passed and oat ceremony soon. Saperated now!

Separation is not legal and against my will. What would be the consequences on the day of oat ceremony? Also, I have a 6 months old daughter for whom I am providing adequate support. I do not want to proceed with filing divorce yet. But the more I wait, I will lose my chances of primary custody.... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

In your situation, since you are soon to get sworn in as a US citizen, the fact that your wife has separated from you would not be of any consequence at this time. As long as you are still legally married, which it sounds like you are, you should be good to go for your naturalization. USCIS has... Read more »

1 Answer | Asked in Divorce for Texas on
Q: If me and someone own property together and the other person gets married, is their spouse entitled to any part of home?

We bought our home together and are both in the loan but we’re getting divorced but we decided to keep the property in both of our names anyway

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 23, 2022

The new spouse does not own any part of the house,

1 Answer | Asked in Divorce for Texas on
Q: My current divorce attorney agreed to a continuance from opposing counsel without my consent. Do I have any recourse?

Opposing counsel claimed my spouse tested positive for COVID two days prior to our mediation hearing. However, she signed and filed the continuance request before I was ever notified of what was happening.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 16, 2022

Your attorney does not need your permission for a continuance.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Can my ex-wife come and get our son at anytime if it is my visitation time with me?

My 8 year old son was talking to his mom who lives in another state and said he misses her and wanted to come back home even though it is my time with him. She said she is coming to pick him up because he has that right to come home when he wants to. I know I have rights to parenting time with... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 16, 2022

If it is court ordered visitation she can not get him on your time

1 Answer | Asked in Divorce for Texas on
Q: I have filed a divorce in Texas and we are staying separate for the last 10 Months, our divorce case is still pending.

When its come to property division, do my income from last 10 months count in property division even though we are not staying together from the last 10 month. What are my rights in this situation? How I can stop my income to count as a community property ?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 14, 2022

Your income is community as long as you are married,

1 Answer | Asked in Divorce for Texas on
Q: My husband filed for divorce for the 2nd time on 2/28/22. He is now refusing to serve me. How can i move forward?

He's a disbarred attorney and is bullying me into an uncontested divorce. He has been telling me he wants to reconcile since 2016 when he filed the first time. I learned that it was just a tactic to not have to pay alimony and to waste and dispose of assets.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 12, 2022

Retain a lawyer and file a counterclaim.

1 Answer | Asked in Divorce for Texas on
Q: I divorced in Texas on 2019 and I signed the divorce decree where I said I gave my half of the house.

Now , years later my ex request me to sign a special warrant deed and I refused and she want to sue me….what can I do ? I’m still have any right with the house if I not sign this document ???

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 12, 2022

You need to sign the special warranty deed unless you want to pay her attorney fees if she takes you to court, She can file motion to enforce and can win it,

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.