Has been multiple incidents with physical mental and verbal abuse as well as abandonment and adultery there's also one biological child in household as well as a non-biological child who is mentally disabled with autism who has also been verbally and mentally abused by spouse
You would need to assert your grounds for the divorce in your petition. Issues regarding children will also be dealt with during your divorce. Child issues consist of things like rights and duties regarding the children, child support, and possession and access (visitation). It sounds like you...Read more »
Eserve usually refers to electronic service through an electronic filing manager. Not all pleadings and motions need to be delivered by personal service and sometimes documents are served on other parties using an electronic filing manager, hence the term Eserve.
Under a standard possession order in Texas, if the holiday falls on a Friday that is the same day that the other parent's possession begins, then the visit starts early on the preceding Thursday (that is what the clause you quoted says). If the holiday falls on a Monday and the other parent's...Read more »
I've been with my kids father for 11 years we are not legally married but to this day still live together. He recently got into a wreck with a commercial vehicle and had a major lawsuit. Now he is stating he no longer wants to be together and that I'm not in title to any of his lawsuit. He said we... Read more »
You could be entitled to a part of the settlement depending on what he was awarded the settlement for. For example if he was awarded the settlement based on lost wages then you would be entitled to a portion of that. Secondly, you may be considered married under Texas informal marriage law if you...Read more »
My wife and I have been separated for 2 years, throughout these two years I have never disregarded my responsibilities, I have paid for everything and some, she has access to all accounts. She has been communicating with a former old friend and has developed a relationship physically and mentally... Read more »
What you need to do is get an aggressive attorney to defend you in a divorce. Adultery is one of the factors that a court will consider in potentially giving you a disproportionate share of the community estate. Apparently she has become violent with you so that is definitely a factor that a...Read more »
My estranged spouse has been out of the house over 12 months. We have 2 children (1 is special needs/disabled SSI) He has a lawyer and served me with divorce papers but never set date in court. Oag has “combined” my request for child support hearing with his motion even though no date has been... Read more »
When a divorce is initiated it will not only handle the issue of dissolving the marriage, but it must include the issues of child custody and child support. It is normal practice to consolidate a child support case pending with the OAG into a later filed divorce. In a nutshell, you have to defend...Read more »
I would say that you can claim that you have been married since the 2011 date when you formed your intention to be married in Texas and lived together as a married couple. To have a common law marriage in Texas you must satisfy the three following elements:
My husband has health issues but is not considered disabled. Is there a possibility I would have to pay spousal support if so what is the most amount of time? Is there a possibility I would have to pay him the rest of his life? This is the one thing keeping me from filing i'm worried I would have... Read more »
The presumption is that spousal support is not warranted. If your husband can prove by clear and convincing evidence that after the division of community property and the confirmation of any separate property that he still cannot meet his minimum reasonable needs than there is a possibility that...Read more »
If your husband has filed for divorce (and especially since you have children) I suggest that you obtain counsel to help you navigate the entire process. It is not just a matter of filling out forms. The divorce decree specifically, is a detailed document that is going to play...Read more »
Your question cannot be answered without a careful reading of your order. The order should specifically state all of the necessary details for the exchange of the child/children in question. I say this because you stated you are following a modified possession order which could be any number of...Read more »
I don’t feel safe going home due to mental and emotional abuse. The home we live in was purchased by his mother prior to our marriage and the home is in my husband and his step fAthers name. We have no children and no other assets.
You never know what a judge will do, but moving out of the house could work against you if child custody was at issue, here it is not because you said you have no kids, but like I said a judge has wide discretion. As far as property division goes, fault in the breakup of the marriage is a factor a...Read more »
His time is his time and you are not entitled to possession of the kids during his time. However, you need to make sure that you follow the order, if it says you surrender the kids to him at a certain place at the beginning of his time then you should attempt to do so. If he is supposed to show...Read more »
It really depends on specifically what the order says as to what is or is not a violation of the order. You should ask your attorney to go over the exact language of your temporary order and determine what you and your ex are required to do or refrain from.
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.