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Texas Divorce Questions & Answers
0 Answers | Asked in Divorce for Texas on
Q: My ex says he wants me to pay him back for 2 loans we took out of his 401k but one is already paid off and the second

one is almost paid off. He said he had that 401k money before we married so I have to pay him back. The loans were to buy a car and do renovations on our house we bought after we were married.

0 Answers | Asked in Divorce for Texas on
Q: My ex says he wants me to pay him back for 2 loans we took out of his 401k but one is already paid off and the second

one is almost paid off. He said he had that 401k money before we married so I have to pay him back. The loans were to buy a car and do renovations on our house we bought after we were married.

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: in 2015 i was never served to go to divorce court. i have evidence to prove they never served.

it has caused me legal issues, and financial burdens with no legal merit, evidence of income, or any other burdens of proof.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If a divorce was granted without proper service of process, you have only four years from the date of the divorce decree to file what is called a bill of review to challenge the decree. Particularly when you mention things like child custody and child support, most people would learn of the... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can my mother get her SS from her & soon to be ex husbands joint bank account?

Theyve been married for over 40 years, and has had an joint bank account. Since she started getting SS he has been putting it into that joint account. With a possible divorce brewing, we were wondering if she would be able to get her SS from him? plus possibly alimony (in TX) , and her 50 / 50? Hes... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

I recommend that she open a new bank account at a different bank in her sole name and notify SSA to send her SS payments to the new account.

If she lacks the ability to work and earn sufficient income to provide for her reasonable minimum needs, she may be able to get an award of spousal...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My spouse filed an answer and majority of their answer they lied and also had a child during our marriage.

We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: We have both agreed to divorcing. Only tie to each other, other than marriage, is our mortgage that we are both on.

My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: In a divorce are you entitled to only half the amount paid in on the mortgage ?? Or is appreciation or value now

Or current value when sold

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

In a divorce, neither spouse is automatically entitled to any part of money paid in on a mortgage.

With respect to real property acquired by a spouse during the marriage, the property will likely be determined to be the community property of the spouses and will be subject to a "just...
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas on
Q: Am I able to sue my c.l.husband, his dad, his friends for stealing , trashing and ruining my belongings while I was out

Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.

You don't mention exactly...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: If I already own a house and get married then divorced some time later. Is she able to fight me for the house?

That’s it

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

It depends on the facts and circumstances existing at the time of your divorce. During a divorce, all property you and your spouse own is part of the marital estate and is presumed to be community property until you prove by clear and convincing evidence that such property is your separate... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What happens if I can't continue to pay my ex wifes car note that was agreed in the divorce decree?

I agreed to pay 36 months of car notes for my ex wife in our divorce decree. Now I'm falling on hard times and struggling to pay it. If I don't pay, other than the vehicle being taken away, what happens to me?

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

If you are unable to pay the car loan, your ex-wife can pay it and then file a lawsuit for indemnity against you for whatever she is required to pay on the car note. If your ex-wife fails to pay the car note and the lender repossesses and sells it, your ex-wife can sue you for whatever amount the... View More

0 Answers | Asked in Divorce for Texas on
Q: Divorce in ukraine

Good afternoon. My ex-wife and I have been living in the USA for two years under the u4u program. We got divorced online in Ukraine. (That is, our divorce was registered in Ukraine) Do we need to get divorced here in the United States? since I can’t get divorce documents from Ukraine

1 Answer | Asked in Divorce for Texas on
Q: Texas, Tarrant Co, if husband & wife are going to get a divorce & husband gets a woman pregnant does that delay divorce?

Husband and Wife separated. Husband has a new girlfriend. New girlfriend gets pregnant. Does that delay the divorce? The baby has nothing to do with the wife. Wife is not pregnant.

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

No, it shouldn't delay the divorce.

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: In Texas, can I remove my child from a dangerous environment (home of my ex-wife’s convicted felon BF)

During ex-wife’s periods of possession they stay at their home w/ BF overnight (not restricted in our div decree), or on weekends they stay with him at his home 250 miles away in DFW. My 10 y/o son just told me with certainty that the BF has been smoking marijuana around him in both homes and... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

Because you have an existing court order and a new case seeking primary custody, you need to file a motion for temporary orders or, if there is an imminent threat to your child, a motion for a TRO. The facts stated in your question do not justify your violation of an existing court order in my... View More

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1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Texas on
Q: Can my husband put me.in jail lying to police saying I did drugs planting them on me in my sleep

My husband, diagnosed as a clinical psychopath since his youth, has controlled me for 25 years. He limits my access to money, forces me to handle all financial responsibilities, and threatens eviction if I don't comply. Despite supporting him through addiction treatments and legal issues,... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

With respect to the criminal charge, if you are indigent, you will receive a court-appointed attorney.

Since you maintain that you are innocent of the charges, you should secure a hair follicle drug test as soon as possible to corroborate your testimony that the drugs were planted and do...
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1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Family Law for Texas on
Q: Can my husband put me.in jail lying to police saying I did drugs planting them on me in my sleep

My husband, diagnosed as a clinical psychopath since his youth, has controlled me for 25 years. He limits my access to money, forces me to handle all financial responsibilities, and threatens eviction if I don't comply. Despite supporting him through addiction treatments and legal issues,... View More

Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on Jun 17, 2024

It is unfortunate that your husband would do such a thing after supporting him for 25 years. You will need to hire an attorney to argue your legal defense and obtain the best possible outcome which should be the dismissal of your case under the provided facts and circumstances. If you do not have... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: My husband and I are seperated I have 2 vehicles in my name only. 1 before marriage 1 after. Can he take either car?

He currently has the 1 before we were married that is in my maiden name and refuses to make payments and will not return it. Its now in repo. He is ruining my credit. He has not contributed financially to anything. we were together only 3 months once he came home from prison and has not... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

During a divorce, all property owned or possessed by either spouse is presumed to be community property. That presumption can be overcome by clear and convincing evidence proving, for example, that you bought the property (i.e. the car) before your date of marriage. Because motor vehicle titles... View More

1 Answer | Asked in Civil Litigation, Divorce, Family Law and Elder Law for Texas on
Q: Are there any rules that prevent a husband from financially and emotionally abandoning his own wife? Selling assets.

Is there any legal defense a spouse would have against this tyranny?

John Michael Frick
John Michael Frick
answered on Jun 12, 2024

Yes. A spouse can file a petition for divorce on the ground of abandonment. TFC 6.005. The wife must prove the husband left with the intention of abandoning the wife and remained away for at least a year. In the divorce action, the wife will be entitled to a just and right division of the... View More

1 Answer | Asked in Divorce for Texas on
Q: How can I get the fastest and cheapest divorce in tx?
John Michael Frick
John Michael Frick
answered on Jun 12, 2024

Hire an inexperienced lawyer with few clients because they are not very skilled in or near the county where one or both spouses reside.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: My car was melted in a garage fire. Will the courts in Oklahoma order my husband to get me another vehicle he has 5 tota

He has 3 corvettes and 2 pickups and they are most likely hidden under his daddy and brothers names hiding his ownership from SSDI and me. And I'm pretty sure he was behind the fire that melted my car he had dropped the insurance coverage on it 4 days before the fire and I have messages saved... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

It is true that an individual usually can destroy his own property. In a divorce proceeding, however, if a spouse has deliberately destroyed property like an automobile that was part of the parties' community property, the divorce court can award the innocent spouse a disproportionate share... View More

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