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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce and Child Custody for Texas on
Q: I need a lawyer asap I was served divorce child custody papers on the 17th my court date is tomorrow 1/22

I don't know what to do I don't have much money

Steven Buitron
PREMIUM
Steven Buitron pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

Appear in court as scheduled and tell the judge that you were just served on the 17th and haven't had time to retain an attorney. In many cases, the judge will re-set the hearing to allow you time to hire one. Your case is most likely set for a Temporary Orders hearing, so you should prepare... View More

0 Answers | Asked in Divorce and Family Law for Texas on
Q: If non-custodial parent misses pickup time for children by over 12 hours can i keep the children for that weekend

I am the custodial parent of the children, ex-wife has 1st, 3rd, and 5th weekends however most weekends she does not show up for pick up on Friday's at 6pm as stated in the decree, either because of work or other reasons. I want to be sure if I keep the children for the remainder of that... View More

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: Need help filing for divorce at the cheapest cost possible
John Michael Frick
John Michael Frick
answered on Jan 21, 2025

It depends on where you reside at the time of your divorce but the following lawyer provides extremely inexpensive divorce representation: https://carringtonsmyth.com/divorce/uncontested-divorce/

It will be cheapest if the parties' marital estate is limited to personal property (like...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: what can I do? If my former spouse had me served at a different location and had somebody sign my paperwork

I did not know about my court date due to the fact she had me serve somewhere else now they say now they put me on back child support and she moved and won’t give me her address to see my kids

John Michael Frick
John Michael Frick
answered on Jan 20, 2025

It depends on the status of the court proceeding and, if a judgment has been signed, how long it has been since the judgment was signed and when you first acquired actual knowledge that a signed order was entered against you.

You need to obtain your court records (most of which are...
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0 Answers | Asked in Divorce, Identity Theft, Insurance Bad Faith and Insurance Defense for Texas on
Q: necesito Divorcio tengo 18 an̈os de casada y vivimos juntos me ha usado violencia mis derechos humanos

el es veterano fue sargento mayor 35 an̈os después secretario de los veteranos y ya tuene 3 jubilaciones

3 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Can I sign for my ex wife on current loan paperwork if she refuses? By decree she’s not responsible for this loan anymor

Divorced 4 years I’m currently requesting a mortgage modification for my home loan which requires my ex signature to proceed since her name is still on the loan agreement but she refuses to sign my forms also refuses to submit a quit claim. Property was awarded to me in the divorce.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2025

You can not sign for your ex-wife, without her permission, or authority.

If you are seeking a modification of your mortgage with the same lender as when you bought the house with your wife, you need to go back to the divorce court for a modified Divorce Decree. Otherwise, you should be...
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1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: I was awarded a property in divorce, ex refuses to sign a quit claim. Can I sign her name on current mortgage paperwork

Divorced 4 years I’m currently requesting a mortgage modification for my home loan which requires my ex signature to proceed, but she refuses to sign my forms also refuses to submit a quit claim

John Michael Frick
John Michael Frick
answered on Jan 20, 2025

No. Signing someone else's name on a important legal document is the crime of forgery. Signing it on a loan modification could very well be bank fraud. Unless you have a proper power of attorney and permission from another person, never sign that person's name to an important legal document.

0 Answers | Asked in Divorce, Family Law and Child Support for Texas on
Q: How do I ask TX court to subpeana a GA high school for proof of graduation as a pro-se party

I an the non-custodial parent and need to end child support and both parents live out of state. No one will provide me with proof of high school graduation.

0 Answers | Asked in Divorce for Texas on
Q: How would I will my half of a property to my children in a divorce? We own the trailer.

This is the only thing we own together.

1 Answer | Asked in Divorce for Texas on
Q: I LIVED IN MY PAID FOR HOUSE 30 YEARS BEFORE THIS 5 YEAR MARRIAGE. HE CONTRIBUTED NOTHING MONETARILY OR LABOR WISE..

NO IMPROVEMENTS OF ANY TYPE WERE MADE THESE 5 YEARS.

John Michael Frick
John Michael Frick
answered on Jan 9, 2025

If you purchased your home before your marriage, it is your separate property unless you gifted or sold part of it to him. If he contributed nothing to it and no improvements were made, there is likely to be no valid claim for reimbursement.

2 Answers | Asked in Divorce, Child Custody and Federal Crimes for Texas on
Q: I've been paying medical benefits for my daughter since he's been born can my wife take her away from me? 10years

I'm 5% Bantu and 1% indigenous Americas Maya Indian. My daughter is the same as me. My wife is trying to claim my inheritance. I'm Americas Chief and Bantu royalty which should be acknowledged as king of Africa. Daughter can't separate from chief.

John Michael Frick
John Michael Frick
answered on Jan 6, 2025

In a divorce proceeding, joint managing conservatorship is presumed to be in the best interest of the child; however, the Court can award sole managing conservatorship to either parent. The Court will base its decision on the "best interests of the child" legal standard. Ethnicity and... View More

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0 Answers | Asked in Divorce for Texas on
Q: can a divorced couple come to a mutually agreeable distribution of community property after a default divorce judgement?

I am a US citizen living in a foreign country. I have a texas divorce default judgement(issued 5 years ago) against me obtained by my ex after I left US. My ex was awarded all of our community property(I had only liquid assets which I took along when I moved overseas) without any specifics, as... View More

1 Answer | Asked in Divorce for Texas on
Q: Trying to file for divorce can’t locate the other party
John Michael Frick
John Michael Frick
answered on Jan 2, 2025

It is possible to file for divorce when you do not know the whereabouts of your spouse. You may have to serve your spouse by publication and will likely have to pay for a fees of an attorney ad litem appointed by the court to represent your spouse in order to secure a default judgment.

You...
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2 Answers | Asked in Child Custody and Divorce for Texas on
Q: Ex- Spouse is moving children out of the county which violates the divorce decree. What are my next steps?
John Michael Frick
John Michael Frick
answered on Dec 31, 2024

You can file a motion to enforce the geographical restriction in the divorce decree. If you wait too long to do this, the court might view you as having waived any complaint. While it is not certain that you will win--because every case turns on its own unique set of facts--your chances of... View More

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3 Answers | Asked in Child Custody and Divorce for Texas on
Q: I have gotten divorced, I’m looking to move within the next months do I have to notify the parent of where I stay at?

We have joint managing but I have the ability to designate residence without regard to geographic location.

If I move, will I have to notify the other parent even if he’s not as involved?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 29, 2024

Read your order it should tell you how many days you have to notify the other parent that you are moving.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: In my divorce decree it states I have to pay for my child’s transportation back home. If her mom is driving how does th

This work. Do I just pay a portion of the gas?

John Michael Frick
John Michael Frick
answered on Dec 26, 2024

It depends on the specific language in your divorce decree. Usually, this language contemplates that you are paying commercial airfare or bus fare for your child's transportation home. Rarely does it contemplate paying gas for the other parent to drive the child home.

2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.

She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.

James Clifton
PREMIUM
James Clifton
answered on Dec 19, 2024

The house will be split equitably. If one person made more payments than the other, that can be taken into account when splitting up the asset. If this is a partition lawsuit, it is important that you are represented to maximize the amount you receive from the property. If this is a divorce, you... View More

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1 Answer | Asked in Divorce for Texas on
Q: My wife said if I want a divorce she will take everything she can from me and not let me see my daughter. Next step?

not sure how to proceed, she said she doesn't want a divorce but gave me an ultimatum to make it work.

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

You should hire an experienced attorney who practices in the area of divorce law in or near the county where you reside ASAP.

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