If you want a divorce then you should speak to a qualified lawyer who works specifically in that area. There are specific statutory rules regarding jurisdiction, how, as well as where, to file your initial divorce documents with the court. You don't want to make a simple mistake that ends up... View More

Greetings, your daughter shouldn't handle a lawsuit like the one you have described above without a lawyer. I suggest finding a way to get the funds to hire a private lawyer or trying to find a lawyer referral service that will provide a low cost or no cost lawyer. Generally speaking,... View More

It is possible that you could be ordered to assume any debt that was acquired during the marriage. However, it is common, but not in any way guaranteed, that debts acquired after the date of separation be paid by the party who incurred the debt. It would be wise for you to enlist the assistance... View More

What your ex spouse's attorneys think is not of utmost importance in deciding whether or not to petition the court to modify your current visitation order. If there has been a material and substantial change in circumstances since the court signed your old order then it is possible that a... View More

The answer to your question really depends. A temporary order hearing in a child custody case is generally a hearing to resolve issues that can't wait until the case is completely over and it can have a profound impact on the outcome of a case. Either side to a child custody case can ask a... View More

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... View 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... View 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... View 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... View 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... View 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:

(1) Agree to be married... View 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... View More

Greetings,

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... View 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... View More

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... View 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... View 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.