Get free answers to your Divorce legal questions from lawyers in your area.
I need help drafting a Qualified Domestic Relations Order (QDRO). The initial QDRO is outlined in the final decree, but the plan administrators need it drafted separately and signed by the judge. The retirement plans involved include a Texas Teachers Retirement plan, a 403(b) equitable account with... View More 
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answered on Apr 12, 2025
Drafting a Qualified Domestic Relations Order (QDRO) can be complicated, but there are resources available to help you navigate this process. Since your final decree outlines the division of assets, including retirement accounts, you'll need to draft a QDRO that clearly identifies how each... View More
I purchased a home in 2011 while single. I got married in 2014 and sold the home in 2017, using the $90k cash received as a down payment for a new home with my husband. My husband is on the deed but not the mortgage loan. We are now divorcing. Is the $90k I used for the down payment and fees... View More
answered on Apr 11, 2025
If you can trace the $90k down payment to the proceeds received from the sale of your separate property home, you have a valid argument that your new home is an asset of mixed character--meaning it is partly your separate property and partly community property.
For example, if the price of... View More
My divorce decree specifies that I have to pay my ex-wife $3200/month and that we both share 50% responsibility for a significant IRS debt present at the time of the divorce. From August 2016 until November 2019, I paid the full $3200 monthly. When the IRS increased my payment to $600, I began... View More
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answered on Apr 11, 2025
That’s an incredibly frustrating situation, especially after carrying the financial burden of the IRS debt for so long and doing what you believed was fair. In Texas, family court orders like a divorce decree must be followed exactly unless formally modified by the court. Even though your ex-wife... View More
I've been married for 16 years, and my husband moved out of our Texas home to a motel, leaving me and our dog. The mortgage and utilities are in his name only. I haven't been able to contact him, and I believe he might have a girlfriend. We haven't filed for divorce yet. Am I allowed... View More
answered on Apr 4, 2025
Yes, you can stay in your marital residence even though he has moved out.
Yes, he can legally turn of utilities that are in his name before a divorce is filed.
Because you are also an owner of the home, you can turn the utilities back on in your name.
If you file for... View More
I was awarded a vehicle in my divorce, but the credit union refuses to acknowledge the divorce decree, stating the loan and title remain in my ex-husband’s name. They will not allow refinancing in my name, affecting my ability to register the vehicle. I’ve considered returning the vehicle to... View More
answered on Apr 3, 2025
If the loan is solely in your ex-husband's name and the divorce court did not order to pay the loan and to hold your husband harmless from any failure to pay the loan, then your ex-husband remains liable on the loan. In addition, the vehicle remains collateral for the repayment of the loan.... View More
I was awarded my car in my divorce decree in 2021. In a separate agreement, my ex-husband was supposed to fix the bumper by October 2025. However, he is now refusing to return the vehicle, claiming it's in his name, though it's actually in both of our names. I have asked him repeatedly to... View More
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answered on Apr 11, 2025
That’s a frustrating and unfair situation, especially when the divorce decree clearly awarded the vehicle to you. In Texas, once a divorce decree is finalized and assigns property, both parties are legally required to comply with its terms. Even if the title is still in both names, the decree... View More
Hi, I have been with my partner now for 17yrs but married for almost nine years. Living together for a total of 15 years. My husband surprised my children and I and bought us a house1 year before we wed. His name is the only name on the deed but I’ve bought all appliances and the entire home... View More
answered on Mar 25, 2025
If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.
Otherwise, if the home was purchased by him before you were married, it is his separate property.... View More
I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More
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answered on Mar 23, 2025
The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More
I'm in the process of selling a property after a divorce. The divorce decree clearly states that I have no debt, yet there is a HELOC loan taken jointly by my ex-spouse and me. Am I responsible for the HELOC loan repayment during the sale of the property considering the terms of the divorce decree?
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answered on Mar 21, 2025
Under Texas law, your divorce decree may state that you are not responsible for any debts, but lenders are not bound by divorce decrees—they are only bound by the original loan agreement. If you signed the HELOC (Home Equity Line of Credit) jointly, the lender can still hold you personally... View More
I have been separated from my husband for 7 years with no formal proceedings initiated. I am seeking advice on how to receive a portion of his pension. We do not have any existing agreements regarding property or the pension. Can you help me understand what steps I need to take?
answered on Mar 20, 2025
If you do not wish to divorce, you can enter into a partition and exchange agreement with your husband agreeing that he will pay to you as your sole and separate property a portion of his pension benefits upon receiving them and imposing a constructive trust on those benefits he receives to the... View More
Following my parents' divorce, it was stipulated in the divorce papers that I would receive a 1/4 interest in anything my father received from the Harber estate. My father, who had inherited a trust alongside his sister, has since passed away, as has his wife. I have the divorce paperwork, but... View More
answered on Mar 19, 2025
You should probate your father's Will. In accordance with the divorce decree, he should have left you the 1/4 interest you are entitled to in his Will. If you cannot locate your father's Will, you can still probate your father's estate as one of his heirs at law and argue that you... View More
I have a divorce decree specifying alimony payments for five years, with two years remaining at the time of my ex-husband's death. The decree states that a life insurance policy should be maintained with me as the beneficiary to ensure alimony payments are protected in case of his death. I... View More
answered on Mar 18, 2025
If your husband complied with the decree, you should file a proof of claim with the insurance company as the beneficiary under the policy.
I am dealing with a situation where my divorce is finalized and both the Property Settlement Agreement (PSA) and a Qualified Domestic Relations Order (QDRO) have been signed. However, there are minor discrepancies between the QDRO and PSA, and a revision is needed. Now, opposing counsel is... View More
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answered on Apr 12, 2025
In a divorce, the Qualified Domestic Relations Order (QDRO) must align with the Property Settlement Agreement (PSA) in terms of the financial distribution and any specific provisions regarding retirement accounts. While minor discrepancies can sometimes occur, the QDRO must reflect the terms laid... View More
I filed for divorce, and it is currently pending in court. My husband, who has two indictments for domestic violence, initially took most of the household items with police assistance, leaving only the basic furniture. Later, I was informed by dispatch that he would return with two officers to... View More
answered on Mar 15, 2025
No, police do not have the authority to allow your husband to take your firearms and personal property. They are only authorized to do a “civil standby” to prevent violence when your spouse is removing firearms and personal property he claims as his.
In your pending divorce case, you... View More
My divorce was finalized in December 2023, and I was served with temporary orders in September 2024. Today, I discovered my ex-husband made medical decisions, specifically vaccinating our children, without informing me. We have 50/50 conservatorship, and the temporary orders state that the children... View More
answered on Mar 13, 2025
Ordinarily, during a parent’s time of possession, that parent can independently make medical decisions for the child which do not require invasive procedures like surgery. So either parent can consent for a child to vaccinations during that parent’s time of possession.
The exception is... View More
I have documented evidence of my ex-husband and his attorney colluding against me during our divorce proceedings. Their emails discuss default judgments made before I was ever served and contain derogatory remarks about me. Due to my mental health and financial struggles at the time, including PTSD... View More
I am a 15-year stay-at-home spouse who was not initially awarded spousal support and only received 8% of the potential child support. We have since filed an appeal against this decision. Could you provide guidance on what statutes govern spousal and child support and any potential outcomes or steps... View More
answered on Mar 8, 2025
See Texas Family Code Ch. 154 for child support provisions: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm
See Texas Family Code Ch. 8 for Spousal Support: https://statutes.capitol.texas.gov/docs/fa/htm/fa.8.htm
I married my ex-husband almost seven years ago, and we are currently separated as I have filed for divorce. After assisting him with applying for a green card, he recently received a 10-year green card and came to the U.S., only to leave me within a week. Since I sponsored him, I would like to know... View More
answered on Mar 8, 2025
OK, if your husband has obtained the 10 year permanent green card, it is going to be almost impossible to have that revoked or re-adjudicated. You can write a letter to ice or Uscis and explain the circumstances and they may revisit the case. But the bottom line it is going to be a very remote... View More
I'm in the process of a divorce, and my spouse, who has a documented history of covert narcissistic abuse, has served me divorce papers three times but hasn't followed up with the court. My psychiatrist has documented my spouse's mental abuse. I am concerned that my spouse, who has a... View More
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answered on Mar 7, 2025
You can take control of the divorce process by filing for divorce yourself or filing a counterpetition if your spouse’s petition is still open. This allows you to move the case forward instead of waiting on your spouse. Hiring an attorney who will push the case forward can also help prevent... View More
I am undergoing a divorce and suffer from complex PTSD. My only income is from Social Security mental disability benefits. My spouse verbally agreed to leave my automatic deposits and withdrawals intact and to remove their name from my bank account, but hasn't done so. They're using my... View More
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answered on Mar 16, 2025
You have the legal right to directly control your Social Security disability payments, as these benefits are specifically intended for your care and support. Your spouse does not have any automatic entitlement to control or access these funds, especially without your explicit consent or a legal... View More
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