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Questions Answered by Omar Darwich
1 Answer | Asked in Divorce for Texas on
Q: When i married my husband he had a house he just sold it and pocketed all the money.

We just purchased a home under both our names but did not put any money down from the sale of his house. I am now currently paying for the mortgage of new home. In case of a divorce am I entitled to the money he has from selling his previous home. When we lived there I contributed to the house... Read more »

Omar Darwich
Omar Darwich answered on Sep 24, 2021

If the husband owned the house prior to your marriage it would be considered separate property. However, you would be entitled to contributions.

The money from the sale of the house...is it in a separate account or has the money been comingled? I understand that it was not used as a...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: How can I terminate my lawyer?
Omar Darwich
Omar Darwich answered on Sep 24, 2021

More details are needed, but every client has the right to terminate their lawyer.

Letting them know would be a good place to start.

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Can my ex wife move out of state if there is a geographical restriction on custody order?
Omar Darwich
Omar Darwich answered on Sep 24, 2021

It depends on the facts of the case. Talk to your attorney.

Generally, a restriction will bind the children’s primary residence to one county and either the counties contiguous to their home county or places within a certain distance from their home city. Without an agreement or court...
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1 Answer | Asked in Child Custody and Divorce for Texas on
Q: I’m going through a divorce and my ex wife has made it almost impossible to see my children, I haven’t spoken to them

There was orders for supervised visitation, but she has refused to accept or agree on a supervisor for 6 weeks. So I’ve missed 3 visits with my children and am being refused contact on my sons birthday

Omar Darwich
Omar Darwich answered on Sep 24, 2021

If you have an attorney let them know asap if your ex spouse is violating court orders .

1 Answer | Asked in Divorce for Texas on
Q: In order to, file an uncontested divorce case, both spouse need to have lawyers or what is the deal. I am jobless.

I am jobless and cannot afford lawyer, need a lawyer to handle my case. Got three kids. I live in Jarrell

Omar Darwich
Omar Darwich answered on Sep 24, 2021

You don't necessarily need a lawyer to file a divorce.

If it's uncontested that means the parties have literally agreed on *EVERYTHING*.

I believe there are some resources you can find online, or perhaps at a legal clinic.

If it truly is an uncontested divorce...
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1 Answer | Asked in Divorce for Texas on
Q: Me and my spouce are doing a divorce kit but its all going to be non contesteted including our small house Will it work

We have a home she will not contest the sale can we do a divorce kit and do our selves?

Omar Darwich
Omar Darwich answered on Sep 24, 2021

Every divorce is unique, just like how every couple is unique.

Divorce kits can work and sometimes they "work" until they don't. Then you have costly mistakes to correct.

Personally, I would always recommend consulting with an attorney.

Cheap divorces don't always turn out cheap.

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: I am going to get a divorce. My spouse is threatening to draw it out for years. How long can he do that?
Omar Darwich
Omar Darwich answered on Sep 24, 2021

Divorces can get nasty, however, there is no way to drag out a divorce indefinitely. At a certain point the court will run out of patience to give continuances and you can drive that divorce.

In the end dragging out a divorce is costly for both parties and usually a lose-lose....
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1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can I pursue charges of bigamy? I believe my ex has been stalling our divorce to avoid child support of our 2 kids.

After fighting for jurisdiction of our divorce, and the courts closing down last year for coronavirus, my ex has has been uncooperative with my attorney in order to get our divorce before a judge and finalized. We’re currently headed to mediation. However, I just found out that he “remarried... Read more »

Omar Darwich
Omar Darwich answered on Sep 21, 2021

You should contact an attorney but generally speaking bigamy is actually a criminal offense under Texas law, although a defendant can escape conviction if they reasonably believed they were not already married when they entered their second marriage.

1 Answer | Asked in Family Law for Texas on
Q: Do they recognize common law marriage in Houston Texas?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

Texas, as a state, recognizes common law marriage.

There are elements you need to be aware of in order to have a valid common law marriage however

1 Answer | Asked in Family Law for Texas on
Q: In a family law case do the lawyers have to tell each other who they subpoenaed before the court date ?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

When a lawyer files a subpoena with the court, opposing counsel will be alerted.

Trial by ambush is long gone!

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: I recently discovered my divorce decree contains fraudulent, manipulated calculations. Who should I seek help from?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

you should contact an attorney asap.

find a family law attorney

1 Answer | Asked in Family Law for Texas on
Q: I need advice on drawing up legal documentation fir a family matter.
Omar Darwich
Omar Darwich answered on Sep 15, 2021

Because of the importance of this task, your best course of action is to retain an attorney.

1 Answer | Asked in Family Law for Texas on
Q: Do they recognize common law marriage in Houston Texas?
Omar Darwich
Omar Darwich answered on Sep 15, 2021

Texas, as a state, recognizes common law marriage.

There are elements you need to be aware of in order to have a valid common law marriage however.

1 Answer | Asked in Family Law for Texas on
Q: Can my ex force me to pay for braces for my daughter?

My ex wife, who is the custodial parent wants to get braces for our daughter. I've told her multiple times I am not in a position to pay for them at this time but she is trying to push it through anyways and make me pay for half. Is she able to essentially force me to pay for them even if the... Read more »

Omar Darwich
Omar Darwich answered on Sep 15, 2021

There is something called medical support in Texas.

Under Texas Family Code 154.064, the law requires the parent who is paying child support also normally provide medical coverage for the child through his or her health insurance at a reasonable cost. However, this cost is not to exceed...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: I am accused of family violence by husband. I was arrested, detained and taken to court. I need advise.
Omar Darwich
Omar Darwich answered on Sep 15, 2021

you need to retain an attorney asap.

there are a lot of facts and moving pieces at play.

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: My sister lives in Dallas, she is accused of family violence by husband. She was arrested, detained and court. Advise pl
Omar Darwich
Omar Darwich answered on Sep 15, 2021

She needs to retain an attorney asap

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: Can I file for PO in the pending child support for enforcement by contempt case? Do I need to serve personally.?

Can I file for PO in the pending child support for enforcement by contempt case?

Do I need to serve personally.?

Bcoz my ex is evading services. When filed as seperate case, judge dismissed for not able to serve him

Omar Darwich
Omar Darwich answered on Sep 15, 2021

Need a bit more information, but regardless your best option here to get an answer is to consult with an attorney not on this forum.

2 Answers | Asked in Trademark for New York on
Q: I want to give my company a name like "posh" but I know there's other companies with the same name is it a problem?
Omar Darwich
Omar Darwich answered on Aug 18, 2021

alot of factors will play into this.

feel free to reach out to a tm attorney! many like myself offer free consults and we dont bite

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3 Answers | Asked in Trademark for Tennessee on
Q: Can I trademark the phrase ‘the smoky mountains are calling’?
Omar Darwich
Omar Darwich answered on Aug 18, 2021

it will depend

many tm attorneys like myself offer free consults

feel free to reach out!

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2 Answers | Asked in Copyright and Trademark for Michigan on
Q: am i able to use a photo of boss baby to make customized golf balls?

the golf ball includes a single picture of boss baby

Omar Darwich
Omar Darwich answered on Aug 16, 2021

are you going to be selling these balls or are they for your personal use?

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