In Texas, community property is property acquired during hte marriage. Exception are any property that was given as a gift, inheritance or personal injury (speicifc type) directly given to one spouse. This also includes any retirement that was obtained or accumulated during hte marriage.
If the court dismissed your case with prejudice, than you must wait 180 days or as stated in the court order dismissing your case. If it is dismissed without prejudice, than you can file as soon as you want.
Filing an answer means that the person has made an appearance for the purpose of his case. Generally depending on which court you are in and in what city, the Court will handle your appearance in court differently. In some courts, they will allow your appearnace at the court hearings through...View More
I recently moved out of state. I wanted my son to come visit me. There are no current child custody or child support court order in place. I was going to take him with me when he finished school for this year. If my son wants to come back then I will send him back but he wants to live with me. What... View More
If there is no court order regarding child custody, than as the father of the child, you have equal rights to the child's welfare just as much as the mother of the child. Its just as if the mother of the child took the child and moved to another state. Unless there is a court order regarding...View More
A person can file for divorce as long as either party meet the standing requirement. The standing requirement is that one or both parties has been domicile in Texas for 6 months and a residence of the county for 90 days.
In Texas, generally the primary custodian of the child will be entitled to receive child support. From you facts, it sounds like you are the parent with visitation rights or supervised visitation. You court order should state what your visitation rights are. A person's right to see the child...View More
Once you file for your bankruptcy it creates a bankruptcy estate that includes all your interest and debts. This includes your tax returns. Depending on your trustee and district, future tax returns are dealt differently. Consult your current attorney or local legal organization or clinic where...View More
yes, and more importantly, you must include all debts in your chp 13 bankruptcy. however, unless your ongoing mortgage payments includes the escrow payment, than your future property taxes must be paid outside your bankruptcy unless otherwise dictated in your chp 13 plan. Consult your current...View More
What action can be taken against bank? Their action to take the funds caused significant change of plans and prevented me from taking a trip to visit family and purchase a car to replace recent wreck. The bank did replace the $ in about a week.
If the bank was taking money in regards to a debt that was identified in your chp 7 bankruptcy and was identified in your chp 7 bankruptcy, than they are in violation of post discharge injunction. Once you receive a discharge and the debt and creditor is identified and the debt itself is...View More
General rule of thumb, the government will always get their piece of the pie. The rules regarding whether or not you can get your IRS debts discharge is complex. Generally, if you have filed all your taxes on time and your IRS debts are more than 3 years old from the date you file for...View More
He is a co-applicant on a trailer home. It is in process of being repo-ed. This was acquired b4 we were married. The mortgage co says that they will come after him. Can they go after our bank acct? He is not-employed and I make the income for the household. Do we need to file bankruptcy or... View More
If your husband cosigned on the mortgage for the trailer home, unfortunately, he is jointly liable with you on the note. Although the property is purchase prior to the marriage this is not an issue of community or separate property where a person co-signed on a debt. In regards to the banks...View More
When an exspouse is non-compliant with the divorce decree, than you may resort to filing an enforcement action against your ex spouse. Largely it depends on what you are trying to enforce. Property division, child support, visitation of child, etc. My firm is a Houston based family law and...View More
If you and your spouse agree to all issues that are covered by the document your spouse is filing, than you can sign a waiver of service and sign the agreed final divorce decree that you agree on. However, it is well advice to review the documents that you sign thoroughly so that you don't...View More
The 60 days period starts from the date of filing, not date of service or the Respondent signing the waiver. If the Respondent is not signing the waiver, you may resort to hiring a process server to serve the Respondent with the documents that were filed. This may result in a contested case rather...View More
In Texas, to have a common law marriage you have to show that both intended to form a common law marriage, lived together and represented to others that you were married. There is no specific time period that you have to be married. It is more of a factual analysis that the parties must prove or...View More
My wife is in the Army and before she lefted for her duty station I found out she cheated.. She also lefted my kids and I. She called me and told me she wanted to put our marriage togher and so my kids and I moved to Fort Bliss, Tx. in Nov. 2011. I recently found out she is still talking to the guy... View More
You can file for divorce. Just because your wife is in the military doesn't prevent you from going forward with the divorce. For military members, the Texas Family Code provides certain standing and jurisdiction requirements that can be address by you and/or your attorney. Consult an attorney...View More
If your ex is required to pay alimony under a court order, you have to right to file an enforcement of such court order. You would file the enforcement with the court that granted your order. however, if the order is out of state, than you have to go through the process of registering that out of...View More
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