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Questions Answered by Kelly Case
1 Answer | Asked in Divorce and Child Custody for Texas on
Q: we were set for mediatrion till i saw the price tag. being a single mother i can not pay the price tag for my lawyer .

what can i do ? i have no legal rep and will not agree to his terms which leave me and the girls homeless

Kelly Case
Kelly Case answered on Jul 8, 2020

Not possible to answer based on limited information provided. You can try and contact Legal Aid for your county and see if they can step in to help. Or you can try and mediate the case yourself. Fortunately, mediation is a lot less formal than Court and you will know the facts of the case. You can... Read more »

1 Answer | Asked in Divorce and Banking for Texas on
Q: Can I take my name off of a checking account his money goes into and make it to where we can not transfer money.

We have two checking accounts. My name is also on the account his deposit goes into. I have another checking account where my deposit goes. Am I able to take my name off the one account and make it to where we can not transfer money from one actor the other.

Kelly Case
Kelly Case answered on Jul 8, 2020

Your question would need to. have a lot more information before anyone can answer definitively. If divorce petition has been filed, then you will need to review the County Standing Orders to determine what you may or may not do. This is totally different in each county. If divorce has not been... Read more »

2 Answers | Asked in Divorce for Texas on
Q: I had my husband served divorce papers and a Temporary Restraining order and he won't leave. What can I do ?

I called the police department and they said they can't enforce the TRO.

Kelly Case
Kelly Case answered on Jul 3, 2020

Call the Sheriff's Department and ask to speak to a supervisor. The Sheriff is tasked with enforcing Court Orders. If they still won't do anything, call the Court and ask to speak with the Judge's assistant or Clerk. Tell them what is happening and ask if they wouldn't mind... Read more »

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1 Answer | Asked in Divorce for Texas on
Q: Divorce. No children, assets before marriage in my name and money I have saved. How would I be affect me.

We have separate bank accounts. I do have assets before marriage and money I saved before her. no prenup

Kelly Case
Kelly Case answered on Jun 30, 2020

There is lot more information that any lawyer is going to need to answer your question definitively. However, as a general rule of thumb, w/a lot of exceptions - anything earned or acquired during the marriage is community property and subject to division accordingly.

3 Answers | Asked in Divorce for Texas on
Q: I got married in Puerto Rico I live in TX now, don’t know where he is how can I file for divorce?

When we got married we were only 17 once we decided to go our separate ways we never filed for divorce. We do not have kids together. It’s been 16 years that we separated. I now live in Texas and I’m not sure where he is we lost contact. I just want to get the process done but not sure how to... Read more »

Kelly Case
Kelly Case answered on Jun 29, 2020

You can get divorced without knowing where the other party is located but the requirements are a little different than if you were able to have the other party served with process. You are going to be required to prove due diligence was taken to try and find the other party and as long as this... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Immigration Law for Texas on
Q: How does a divorce with an undocumented parent go in Texas? Will they loose there rights as parent's and get deported?

Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?

Kelly Case
Kelly Case answered on Jun 29, 2020

Anyone can apply for a divorce as long as they are a resident of the county in which they file their legal action. She will not lose her rights as a parent. Immigration problems are another issue for which you will have to consult an immigration lawyer. Those policies change so frequently that you... Read more »

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1 Answer | Asked in Divorce for Texas on
Q: My wife of 20+ years separated from me for less than a month, shortly after had divorce papers drawn. I have no money

I also don't have a car or a place to live. I have disabilities. She knows all this, but somehow expects me to pay for her lawyer. Do I have recourse?

Kelly Case
Kelly Case answered on Jun 29, 2020

If I understand your question, you are asking if you have any recourse for action when your wife of 20 years has filed for divorce? Yes, you do but if one person wants a divorce, practically speaking, a court is going to grant the divorce. However, if you are asking if you have to pay her... Read more »

1 Answer | Asked in Divorce for Texas on
Q: After a 20+ year marriage, what are Texas laws for the home if one name is missing on the mortgage?

The home was purchase during the engagement; a few months prior to the marriage. Can a spouse add other names and / or sell without the other spouse?

Kelly Case
Kelly Case answered on Jun 26, 2020

The way a property is titled is irrelevant. If the home was purchased during the marriage, barring certain exceptions, it is community property and subject to community property division rules upon divorce.

1 Answer | Asked in Consumer Law, Divorce, Libel & Slander and Small Claims for Texas on
Q: If a married couple are both on a car title is it legal for one of them to use that title for another loan without

Approval or without telling the other person

Kelly Case
Kelly Case answered on Jun 25, 2020

While it is not the best practice for a loan company to grant a loan with only one of the married couple's signature on the documents, there is nothing illegal about it. Unless a divorce was currently pending and the County in which it was filed had instituted Standing Orders preventing the... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Do I have to continue to pay the family insurance if my husband kept the divorce decree active and I did not?

I have brought the house back from foreclosure and lived off of a half salary to pay the insurance. I llive on 1,500 per month and he has not made the house payments since January and he was already behind on the payments. I told my husband that he would have to take up the cost of insurance and he... Read more »

Kelly Case
Kelly Case answered on Jun 25, 2020

This sounds like it may be a potential contempt matter. If you have a written order where he was directed to pay these items, you may be able to have him held in contempt. You should seek the advice of a qualified Texas divorce lawyer to more specifically answer your questions.

1 Answer | Asked in Divorce for Texas on
Q: Because of covid 19 i got layoff and i need to file for divorce. Any advise?

My wife knows my financial situation and she is taking advantage that i cant file for divorce.

Kelly Case
Kelly Case answered on Jun 25, 2020

Courts have not closed and you can still file for divorce. Courts are operating on a limited basis but e-filing is mandatory in Texas so you can file for divorce. You may not be able to obtain temporary relief depending on what you are requesting but it would be a good idea to reach out to a Texas... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: Ok i got pull over by state trooper in Georgia for a seatbelt and he said that i. Looked under the influence of weed so

I didnt take any test and get lock up then i go to court and they got me for the wrong charge what do i do from here

Kelly Case
Kelly Case answered on Sep 1, 2017

Hire a great DUI lawyer immediately. Your license is in the process of being suspended. A lawyer can get a hearing scheduled and can potentially successfully resolve this for you. Call my office at 866-822-7352. We have many payment plans available and appear all over the State of Georgia.

1 Answer | Asked in Personal Injury, Internet Law and Sexual Harassment for Georgia on
Q: I sent someone I met online some nude pictures of myself to his cellphone. After breaking up with him because...

...I realised he was violent, I broke up with him. After ignoring his texts and calls he sent the compromising photos to my ex-husband on Facebook in a post that was public. My son and his friends saw these photos before my ex deleted them. I deactivated my Facebook account but he apparently took a... Read more »

Kelly Case
Kelly Case answered on Jun 16, 2017

File a complaint with the police. This is a crime in most states. That should be enough to stop him, but you can always file a restraining order if necessary. Good luck!

www.JudgeCase.com

1 Answer | Asked in DUI / DWI for Georgia on
Q: 2yrs old case. DUI. My son live in TX. Case should have been closed. He has a new court date. Don't know what to do.

Son had one drink at a restaurant. Did not even drink it all. He passed out while driving and hit two cars. No one was hurt but him. Both parties was paid good by the insurance company. He woke up handcuff to a hospital bed. He spent about 6 days in jail. Because he was driving a friends car. The... Read more »

Kelly Case
Kelly Case answered on Jun 16, 2017

Have your son call my office at 866-822-7352. We have many different types of payment plans, depending on the underlying test that was performed. Since you mentioned that your son was in the hospital, I am guessing that this may be a blood draw DUI. If so, then those are very complex and require... Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Criminal Law and Personal Injury for Georgia on
Q: Need to know if a business can be sue if it causes you to be locked up under false pretenses

My boyfriend was attending family violence classes so that he could get off probation. Somehow they didn't log in how many days he had came to class. Not to his knowledge (until just recently) he was kicked out bc they thought he missed the maxium amount of days. His p.o was told this info... Read more »

Kelly Case
Kelly Case answered on Jun 7, 2017

You can sue for any reason, but the real question is "can you win?" I cannot see any theory of liability that would afford a litigant damages in this scenario. How could you prove that the "business" messed up. This is one of those situations where just because you can... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: If both parents are in agreement to end child support can that modification be done out of court in GA?

Parents are divorced. Can a father voluntarily relinquish parental rights when both parties agree and would this end child support payments the mother no longer wants them. All in the state of GA child is 8 year old.

Kelly Case
Kelly Case answered on Jun 5, 2017

You should seek the advice of a qualified Georgia Family Law attorney. Your question does not have enough information to answer completely. All decisions regarding this type of matter, child support, medical expenses, insurance coverage, etc are set the standard of the "best interested of the... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: 3rd dui in 5 years

Took a plea and requires me to have ignition interlock but I do not own a car how is this possible

Kelly Case
Kelly Case answered on Jun 5, 2017

Because the courts are run by judges with experience in dealing with people claiming they do not "own" a car and know that it is very unlikely that you do not have access to or are using a vehicle on a regular basis. I heard this 2 times a day from people that thought they were going to... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: In Georgia divorce case, how to obtain physical records of a lease contract without needing a subpeana to court.

So plaintiff can review names of occupants to determine if lease is to be named as a party in a divorce.

Kelly Case
Kelly Case answered on Jun 5, 2017

You might need to state your question a little differently. A "lease" is never going to be a party to a divorce. I am not sure what you are asking for but if you want documents for a legal matter that are in another's possession, you have a couple of options. First, if this is an... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: Is driving while on prescribed methadone illegal in Ga.
Kelly Case
Kelly Case answered on May 29, 2017

If you are determined to be impaired by drugs or alcohol while driving then you can be charged with DUI. Having a prescription is irrelevant.

www.JudgeCase.com

1 Answer | Asked in DUI / DWI, Civil Litigation and Traffic Tickets for Georgia on
Q: Can the County give an infraction to a visitor, even if the visitor is from a U.S. territory?

The person driving the vehicle is not the owner. He was visiting family in the state of GA and was unaware of this particular law (Chapter 6, Article 8 -School Buses). He doesn't even have a state drivers license, but one from a U.S. territory.

Kelly Case
Kelly Case answered on May 25, 2017

Yes, the county can cite anyone for a traffic infraction, whether they have a driver's license or not, own the car or not, or are here from another country. The fact that they did not know what the law was is not a defense.

www.JudgeCase.com

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