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Questions Answered by Victoria Collins
1 Answer | Asked in Divorce for Texas on
Q: My wife is filling for divorce and I really don't want to give her my work address. Do I have too?

She says she can't move onto the next step with out it. She's filing online. I wanted to go to the courthouse but she moved out of state to avoid this because she wanted to file first.

Victoria Collins
Victoria Collins answered on Apr 10, 2020

She likely wants an address where you are to be served the Petition. That said, you don’t have to give her any information. Be careful though. You don’t want to miss out on hearing dates or she will win by default as long as she can show the court she made an effort to serve you. If children... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I would like a separation form. I am seriously contemplating getting a divorce.
Victoria Collins
Victoria Collins answered on Apr 3, 2020

There is no formal separation in Texas.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: If the respondent ignores his court date does petitioner win by default?

Divorce involves an 4 month old baby. Mother has TRO in place & father has been served.

Victoria Collins
Victoria Collins answered on Mar 13, 2020

The answer really depends on what the court date is for, but typically, as long as a respondent has been properly served (personal service on an original petition of most any kind) and they fail to appear at the hearing or trial, the petitioner wins by default.

1 Answer | Asked in Divorce for Texas on
Q: I have filed all necessary paperwork, waited to 60 days. Can I serve my wife via certified mail?

I have filed all the necessary paperwork, waited the 60 days, and have tried to serve my wife myself however she is very obtuse to the situation and she’s just hoping it will go away. I am worried if I serve via a constable she will not answer the door. Can I serve her via certified mail?

Victoria Collins
Victoria Collins answered on Mar 10, 2020

An original petition must be served in person if she won’t sign a waiver of service. By the way, you did not have to wait 60 days from filing to serve, you have to wait 60 days after filing before finalizing the divorce. Once she is served, you have to give her at least 20 days to file an answer.... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Real Estate Law for Texas on
Q: Do I have rights to a jointly owned property after my divorce if it was put on the decree after I signed it

My ex-husband of just 3 days shy of 11 yrs filed for divorce in 2017 and put our jointly owned property on the divorce decree along with deeming himself custodial parent of our then 11 yr old daughter after I signed it. What rights do I have today as far as being compensated for the property and... Read more »

Victoria Collins
Victoria Collins answered on Feb 27, 2020

A Final Decree of Divorce is an order of the court, which means the judge had to have signed the Decree. If the Decree was never signed by a judge then it is not a final order. Since 2 - 3 years have passed since you signed the decree, its content cannot be changed IF a judge signed it, however;... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I filed for divorce and my wife responded. do I have to wait 61 days to set a trial for divorce or proceed with it.

I filed for divorce and my wife responded. do I have to wait 61 days to set a trial for divorce or proceed with it. I'm confused or is the 61 days only if she wouldn't have responded? Or can I move forward with it before the 61 days?

Victoria Collins
Victoria Collins answered on Jan 29, 2020

You must wait 60 days from the date the petition is filed before the decree can be finalized. If you are required to set a hearing date you may go ahead with that, just make sure that date meets the 60 day statutory waiting period.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: What are the chances of my wife gaining custody of children in divorce with false claims? She is manic bipolar.

My wife has mental health issues, multiple attempted suicides, and been court ordered to stay at mental health facilities. She is diagnosed with manic bipolar. She is now making claims to me that she is going to say I have raped people and that I abused her physically and mentally. I have video of... Read more »

Victoria Collins
Victoria Collins answered on Jan 28, 2020

Nobody can guarantee an outcome one way or another if the court is forced to make a decision regarding your children. However, If you can back up your claim with hard evidence the likelihood of a court awarding sole custody to a person with mental health issues is unlikely. In these situations it... Read more »

2 Answers | Asked in Divorce for Texas on
Q: TX Uncontested Divorce

No alimony or minor children. Very amicable - agreed on all details. Both of us have IRA's, 401k's but do not currently draw retirement benefits. Is uncontested an option (as is our STRONG preference)? Does this change if my wife buys a house after filing but before finalized (not... Read more »

Victoria Collins
Victoria Collins answered on Nov 12, 2019

Yes, as long as minor children are not at issue, uncontested divorce is the way to go. As to your wife's purchase, she should wait until the finalization of the divorce, which can occur as early as 60 days after the initial filing. If however, she purchases the house before finalization, the... Read more »

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1 Answer | Asked in Divorce for Texas on
Q: Paid 33000 towards the mortgage over 7 years.Wife files for divorce. sells house and moves before divorce is final

She served petition for divorce 2 weeks before the new owner moves in.what can the husband do?

Victoria Collins
Victoria Collins answered on Sep 29, 2019

There are too many other facts needed to answer your question. Is the house community property; e.g., was it purchased during the marriage with money owned equally by the spouses? Was the $33000 community property? Are you the husband, the person who paid toward the mortgage, or both? I suggest... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Me and my ex Square never married on paper we were together 14 years file taxes married filing jointly sign my last name

Where you bought wedding bands w o r e them for a year do we legally have to get a divorce

Victoria Collins
Victoria Collins answered on Sep 21, 2019

probably, but there is not a simple answer to this question. Texas courts consider many factors in determining whether you are married by common law. You would be wise to consult a family law attorney.

1 Answer | Asked in Child Support for Texas on
Q: My daughters father in TX has been married for 5 years and we dont have a child support order in place. The hearing is

In 2 weeks will they take his wife's income into consideration since the child support order hasn't been agreed upon yet.

Victoria Collins
Victoria Collins answered on Jun 15, 2019

No, child support is calculated primarily on the parent’s income and does not include his or her spouse’s income.

2 Answers | Asked in Child Custody and Child Support for Texas on
Q: If a child support case is closed due to non custodial parents inability to pay (SSI) is the visitation order still val
Victoria Collins
Victoria Collins answered on Jun 11, 2019

Yes. Visitation rights are not effected by child support obligations

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1 Answer | Asked in Divorce for Texas on
Q: In Texas can you serve your spouse divorce papers before filing with the county clerk

My husband served me papers 2 years ago I signed and returned them and we are still married? I thought you had to file with the county clerk before serving your spouse the papers to sign? Can someone please tell me how I can find out what to do to get the divorce finished?

Victoria Collins
Victoria Collins answered on Jun 6, 2019

First answer, no. A lawsuit (in your case divorce) must be filed, and the county must issue a citation for service to defendants of the lawsuit OR you can sign a waiver of service. But either way you must be notified.

Second, to find out info about the divorce you need to know what county...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I am the custodial parent and The wife of the my child’s father is becoming hostile.

She yelled, cursed and approached my with confrontation when picking up my child this past Friday. She even called the police on me lying. She also mentioned to me she was trying to build a “case” against me. I don’t know what that means but I no longer want her involved with the pick up and... Read more »

Victoria Collins
Victoria Collins answered on May 20, 2019

Whether or not the child's step-mother (or any responsible adult) is allowed to pick-up or drop off should be addressed in your final decree. If it is not, or there is simply not language there does not appear here that there is enough of a substantial change in circumstances that would allow... Read more »

1 Answer | Asked in Divorce and Legal Malpractice for Texas on
Q: I think I have a negligence case against my lawyer. I’m not sure I need to ask someone.

My attorney said we had this divorce won he said I would have the house and car. He said we would be divorced in December but he didn’t get something to the judge in time. My ex was able to file an answer long after the time he was supposed to. Now he has hired an attorney. He if fighting me for... Read more »

Victoria Collins
Victoria Collins answered on May 20, 2019

Re-read over the contract and fee agreement between yourself and your attorney. Fees, expectations, and so forth should be addressed in there. That said, your attorney has an obligation to keep you informed as to the progression of your case. However, if you feel that your attorney is not acting in... Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: What can I do now?

Back on March 12, 2018 I had a court hear for temporary orders with my sister. The orders were for 3 months and granted me visitation. My sister has an attorney who drew up the orders and e-mailed them to me. I didn't get them until July 2018 which exceeded the 3 month order. I received them... Read more »

Victoria Collins
Victoria Collins answered on May 10, 2019

The answer to your question, "What can I do ..." depends a lot on what county you are in, and what court you are in. Different judges react to situations in different ways, so the only way to know the "best" course of action is to hire a family law attorney in your area with... Read more »

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2 Answers | Asked in Child Custody for Texas on
Q: Im looking to sign over my rights to the mother of the child. Is it even possible?

The child is 2 and I just found out hes mine I believe its the best interest of the child to sign over rights to the mother

Victoria Collins
Victoria Collins answered on Apr 18, 2019

It is never in the child’s best interest to lose a parent, unless that parent is abusive. So, if you fall into that category then yes it is possible to terminate your parental rights. But as the other attorney said, this is a huge decision that will effect you, the child, the child’s... Read more »

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1 Answer | Asked in Child Support for Texas on
Q: Do I have to break up with my girlfriend which is my baby mother if we decide to put child support?

If I'm 15 years old and I have a girlfriend that is also 15 years old and we had a baby and each both of us live with our parents and my girlfriend stays with the baby, and she is now 4 months and my girlfriend wants me to give her money for baby to take car eof her and we put child support... Read more »

Victoria Collins
Victoria Collins answered on Mar 29, 2019

Whether you are a couple or not has nothing to do with supporting your child. If you are old enough to have a child, then you are old enough to take care of it. “Child support” is a legal term that describes a financial responsibility ordered by a court of Law to help with the expenses... Read more »

2 Answers | Asked in Divorce for Texas on
Q: I’ve been divorced for 3 years. In the decree my ex was to pay me a property settlement over 5 years. He has been

claiming it as alimony. I have never received alimony, just the settlement due. The same person does our taxes. This year I was taxed for “alimony”. Should the settlement money be taxed?

Victoria Collins
Victoria Collins answered on Mar 17, 2019

The answer depends on what the settlement was for. Was it for division of property? Did you have out of pocket expenses your ex had to repay? I agree with first attorneys answer. Consult a tax attorney or CPA. Too many unknown details to answer.

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2 Answers | Asked in Divorce for Texas on
Q: I need divorce can’t find husband been separated 9 years
Victoria Collins
Victoria Collins answered on Mar 14, 2019

You can file uncontested divorce with a publication of service, but only after you have exhausted good-faith attempts to locate him. You didn’t say if there are children of the marriage, but if there are this is an issue that would need to be addressed in your petition as well.

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