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Texas Divorce Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce, Landlord - Tenant and Family Law for Texas on
Q: Need help with a complex divorce question involving false allegations, eviction attempts, and the removal from my home.

On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Why am I being asked to take a paternity test for child conceived last year, after being divorced for 7 years?

We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: My wife left the last page of the divorce petition unsigned, where she was to send a certified copy to the OAG. Invalid?

She also claimed there was an active protective order against me, and waived the 60 day period. This is also incorrect. She was denied such an order yet still chose to lie and say that there had been family violence in our marriage. She also lied about an affidavit of inability to pay, which I can... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.

You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.

As for the affidavit of...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: If ex-husband does not provide vehicle title to me as stated in divorce decree, can he be held responsible for my costs?

He states the vehicle title is lost. Sends picture of original title in his possession. Refuse to act to obtain a certified copy of the original and send it to me. I start the long process of need to get a Lien Release from the bank, a certified copy of Divorce Decree, apply for certified copy of... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

It would have been quicker and easier to simply have had your ex-husband sign a power of attorney to transfer motor vehicle title on the form provided by the DMV. This is routinely how title transfers due to divorce proceedings are accomplished. A typical divorce decree would have required this... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What are the requirements to meet Common Law Marriage in the state of Texas?
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

1. There must be an agreement between the parties to be married;

2. After the agreement, the parties must live together in Texas as spouses; and

3. The parties must represent to others in Texas that they are married.

Alternatively, the parties may file a written...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: I received a harassment cease and desist letter from the police dept. Do they expire or have a statute of limitation?

Before my divorce, my then wife left me a note on my door one day telling me to no longer contact her for any reason. She blocked my email, phone number, and all social media accounts. One day, I sent a message to the only social media account she hadn’t blocked me from, one that she hadn’t... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

Sorry to hear your troubles.

While there is no real time limit on a cease and desist, letter from the police, you should take it seriously.

If you need to contact her for a legal reason, you should hire an attorney to do that. If you can not afford one, you should call the police...
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1 Answer | Asked in Divorce, Family Law, Business Law and Collections for Texas on
Q: Per decree indemnity clause am I entitled to be reimbursed legal & receivers fees paid to collect judgement ($200K)?

I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.

A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and...
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2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband bought our home before we met. A few years ago we refinanced in both of our names. Can he sell the house

He has filed for divorce but I haven't been served. Married 9 years in July. Again... My name is only on the refi

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

Most family courts in Texas issue standing orders when a divorce case is filed which prohibit both spouses from doing certain things during the pendency of the divorce case which usually includes selling a marital residence without prior court approval. Even though the home is his separate... View More

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2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband bought our home before we met. A few years ago we refinanced in both of our names. Can he sell the house

He has filed for divorce but I haven't been served. Married 9 years in July. Again... My name is only on the refi

John J. Kappel
John J. Kappel
answered on Jan 25, 2024

I agree with the other lawyer's answer. Additionally, if this property is designated as a homestead, which would normally be the case if this is your primary residence, he would not be able to sell it without you approving the sale even without standing orders being in place. Texas homestead... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Hello I am reaching out here to enable a divorce to end an 17 year marriage with a 13 year kid. Need some insight

We are a family of three with both of us earning within the IT industry. For the divorce to be done I need some insight on

1. Both of us earn almost equal from our employers with a 10% higher on my ends

2. Both have almost equal savings and retirement accounts

3. We have a... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

In a divorce, the court will make orders for the division of your community property that are "just and right." In most cases in which the parties own a community property marital residence with substantial equity, if the parties do not agree otherwise, the court will most likely either... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I have no clue where my spouse is. I’m trying to terminate parental rights and get a divorce.

The non-custodial parent is not in the picture we live in two different states and he only wants to be a family if I wanted to be with him. I have proof of no help, or wanting nothing to do with our child but, he’s been abusive to me and holding the marriage over my head. I don’t know where he... View More

Joshua Frank Andor
Joshua Frank Andor
answered on Jan 9, 2024

In Texas, if you are unable to locate your spouse, you can file for a divorce by publication. This involves legally notifying your spouse of the divorce proceedings through a notice published in a newspaper in the area where they were last known to reside. This method is used when all other... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I'm going to get married in Texas. But own a house in Puerto Rico. Should I still do a prenup?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 29, 2023

You could do a pre-nupnif you'd like, but it's not required if you're only doing to protect your interest in your house in Puerto Rico.

In Texas, and property owed prior to marriage is considered that spouses separate property. However, there are some actions that you MIGHT...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I get a lawyer removed from my case if they’re retired and no longer practicing law but never withdrew?

The lawyer is no longer answering his phone or responding from emails. His information doesn’t show up on the Texas state bar website either so I have no way to reach him. This is the last thing I need to finish my divorce everything has been signed and filed but I can’t get it in front of a... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 29, 2023

I am sorry you're going through this. I would suggest that you print off all information that you have showing how you've tried to reach rhe attorney (i.e. screenshot of blank State Bar website page, screenshot of attorney's non-active webpage, etc., documented proof that you have... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Waive the 60 day divorce period?

Hello, I have a question in regarding to waiving the 60 day period. My spouse has been convicted of domestic violence and we have children together is there a time frame that he had to be convicted.

John Michael Frick
John Michael Frick
answered on Dec 28, 2023

The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction. It only requires that the offense was committed against you or a member of your household. While the court has the authority to grant such a waiver, it is... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I moved from another state to Texas and still haven’t received support nor has the parent tried to see our child

Is there something I can file, or remove his parental right? He has another child and currently supporting that one without a court order and we are married (I’ve got nothing but 20 dollars from them) I’m a survivor of DV and I’m about to reach 6 months of residency what should I do? I’ve... View More

John Michael Frick
John Michael Frick
answered on Dec 28, 2023

Assuming you have a court order for support of your child from the state you left, you can contact the local Office of the Attorney General and provide them with a copy of that court order and ask for their assistance in registering and enforcing your existing support order here in the State of... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I have a question about money awarded to me in a divorce

Ex was in jail and his family sold the 2020 pickup the day after our first court hearing. Two years later at the final hearing I was awarded the truck or $67000. My lawyer refused to tell the judge the truck had been sold. My ex is still incarcerated. My lawyer also made me give the truck back to... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2023

If his family received the proceeds from the sale of the pickup truck, you may be able to ask the court to impose a constructive trust on those proceeds. You will need to identify the particular family member who sold the truck. This information can probably be obtained fairly easily from the... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Family Law for Texas on
Q: In Texas what would the charge be for a man leaving his partner at a house with no transportation, no heat, no electric

He went to jail for family assault with bodily injury to me and violation of probation and left me with nothing in a house that has no bathroom ceiling and no roof in garage that attaches to the bathroom. It's so called in here I have to stay in bed under 3 comforters and haven't eaten a... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

Before I answer your question, I believe you should file for divorce and in doing so, you should ask for immediate temporary support from your husband and for your legal fees.

There is no criminal charge regarding you, but if he has left your child, there may be a criminal charge....
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: I need a divorce attorney and have very limited funds, elderly on SS what are my options?

My wife and I have been separated for several years. She suddenly filed for divorce. I live on very limited amount of Social Security. I can't afford the full services of a divorce attorney. I do have a little money I have saved for a medical procedure. Can I hire an attorney to show me how to... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

There are pro bono legal aid clinics in North Texas, including North Texas Legal Aid.

If you expect a nice property settlement, there most likely are community assets that can be used to hire a reasonably experienced, competent family lawyer. The nature and extent of your property, and...
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1 Answer | Asked in Divorce, Military Law and Family Law for Texas on
Q: Uncontested divorce in Texas (Ft Worth), are they charged at a standard rates or are there low cost options available?
James L. Arrasmith
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answered on Dec 21, 2023

In Texas, the cost of an uncontested divorce can vary. While there is no standard rate for all uncontested divorces, many attorneys offer flat fees for these types of cases, especially when they are straightforward and the parties agree on all major issues. This flat fee can often be more... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Hello, I have a question, my ex-wife filed for divorce and asks for half of everything I have, (we don't have children)

Hello, I have a question, my ex-wife filed for divorce and asks for half of everything I have, (we don't have children) but in 2019 she left the house to go with her lover and took everything I had in it. the house and a car, which the police took from him and he spent 8 months in jail, how... View More

T. Augustus Claus
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answered on Dec 14, 2023

In Texas, the division of property in a divorce is guided by community property principles, meaning assets acquired during the marriage are generally subject to division. While there are exceptions for separate property like premarital assets, inheritance, or gifts, you must demonstrate these... View More

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