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Texas Divorce Questions & Answers
0 Answers | Asked in Divorce for Texas on
Q: What do I need to get married in Texas after being married & divorced in Puerto Rico?

I'm getting married in Texas next year, I do have some documents from Puerto Rico signed & stamped about the divorce back from home & they said that's all I needed. But I want to make sure that's all I need or is there more to do?

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What if my spouse published the divorce notice in her state newspapers not in my state newspapers where I lived at ?

And I couldn’t make a reply to that divorce to her attorney office and I have 30 days to reply to the divorce notice? And she published in her newspaper 3 different newspapers in her state with the wrong address and zip code of my and she got divorce and same day she got her divorce decree... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

If a court signed a divorce decree, your divorce is “real” and you have a limited time to file a motion for new trial, an appeal, a restricted appeal, or a bill of review. These can be legally technical and costly remedies and you need the services of a competent and experienced appellate... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Need help on my pass divorced that was filed in Abilene Texas year 1994 filed by my ex-husband (retired Airmen).

Want to know if I can claim for his retirement benefits after the divorce?

T. Augustus Claus
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answered on Sep 22, 2023

In Texas, retirement benefits can be considered community property and may be subject to division between spouses during a divorce. However, the specifics of how these assets were allocated would typically be laid out in your divorce decree or separation agreement. If your divorce decree from 1994... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas DIY divorce to finish already filed petition with lawyers?

We currently have a divorce petition filed in Texas and a draft decree proposed. Both of us agree of the draft, however both of our lawyers are dragging the process out ( we believe for monetary gain) and we are wondering if we can file the DIY paperwork ourselves and if we have to wait another 60... View More

John Michael Frick
John Michael Frick
answered on Sep 20, 2023

Unless you have no children and no assets of any real value, it is never advisable to do a DIY divorce unless you have substantial legal experience in family law cases (for example, if you were a paralegal in a family law practice).

A typical agreed divorce can be completed for under...
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1 Answer | Asked in Divorce for Texas on
Q: Is a marriage legal if we got a marriage license but the one who married us was not ordained in any way?

My sister married me and my now ex 3 years ago, we did not have a ceremony and there were no witnesses. My ex and I have been separated for a year and I was wondering if a divorce was necessary if the legality is questionable?

John Michael Frick
John Michael Frick
answered on Sep 15, 2023

Yes, you would need to get a divorce. The lack of ordination of the officiant is not one of the reasons that renders a marriage void under Texas law.

1 Answer | Asked in Divorce, Family Law and Business Formation for Texas on
Q: If an LLC formed before marriage but initial capital investment made after marriage, is the LLC interest separate or com

LLC was formed with SOS a couple weeks before marriage, but capital investment ($1000) was made after wedding, with community funds. How would the LLC interest be classified in Texas family law?

John Michael Frick
John Michael Frick
answered on Sep 13, 2023

Although I doubt there is any caselaw on this precise question, my initial impression is that under the doctrine of inception of title, the LLC will most likely be characterized as separate property.

But an argument can be made it is community property if community funds were used as the...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: In a divorce, can the other half, take half of the property if you had it before yall got together?

Still paying on it

T. Augustus Claus
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answered on Sep 12, 2023

In Texas, the division of property in a divorce is governed by community property laws. Texas is a community property state, which means that generally, property acquired during the marriage is considered community property and is subject to division between the spouses in a divorce.... View More

1 Answer | Asked in Divorce for Texas on
Q: I want a divorce from my husband we have no minor children or property
John Michael Frick
John Michael Frick
answered on Sep 10, 2023

Either spouse has the legal right to file a petition for divorce with or without the consent of the other. Many Texas attorneys practice in the area of family law and have the knowledge and experience to competently handle divorce cases. You should hire one in or near the county where you reside.

0 Answers | Asked in Divorce for Texas on
Q: Been married since last year 12/2022, and at general discourse with the wife and need to get a quick divorce, or anulmen

which would be easier to get accomplished by the end of the year or at least as soon as possible. Amicable want as easy as possible.

0 Answers | Asked in Divorce and Real Estate Law for Texas on
Q: Deed to secure assumption and ex-spouse, current spouse homesteaders rights?

Divorced 13 years. Special Warranty Deed and Deed to secure Assumption for the joint mortgage, ex-wife has the home. She remarried, husband lives in the home she lives in another city. I considered to refinance the mortgage solely in my name, pay her cash on top of that for them to relinquish... View More

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Texas on
Q: How can I protect myself when my spouse is arrested for having stolen goods and drugs in our house?

I’ve known about small things here and there, but I recently realized that she has stolen thousands of dollars of stuff from work. Some of those items are drugs that she doesn’t have a prescription for, including some controlled substances. I have wanted to report her, but her and her family... View More

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2023

You should consult with an attorney more specifically about the situation in the area where you live.

2 Answers | Asked in Divorce, Family Law, Banking and Child Support for Texas on
Q: Will a bank account shared with a sibling or otherblood relative be protected from divorce requirements to divide wealth
T. Augustus Claus
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answered on Sep 1, 2023

In Texas, the division of assets during a divorce is generally guided by community property laws. Community property laws dictate that most property acquired during the marriage is considered community property and is subject to equitable distribution between the spouses upon divorce.... View More

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2 Answers | Asked in Divorce, Child Custody and Family Law for Texas on
Q: My ex-wife is scheduling extra-curricular activities for my 12 year old son in Texas after I told her not to. Recourse?

I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More

Melissa O'Neal
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answered on Sep 1, 2023

Your ex wife does not have to have your permission unless that is spelled out specifically in the order. At the same time, you do not have to take him unless again that is specifically spelled out in the order. I would suggest a compromise especially if it is something important to your son and... View More

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1 Answer | Asked in Child Custody, Civil Litigation and Divorce for Texas on
Q: Aside from law enforcement, what is required by the individual who is physically serving divorce paperwork?

I asked to pick up the divorce pw from the server but instead was served at work almost a week later. She asked my first name and said "you've been served." I then was served at my house by a deputy the next week. Her paperwork was an incomplete petition for divorce without the court... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

Private process servers must complete an approved 7-hour course, submit an application, pay a fee, and pass a criminal background check.

1 Answer | Asked in Divorce for Texas on
Q: In an uncontested divorce, would a foreign property bought with prior to marriage savings need to be declared?

In Texas, my spouse and I have agreed to have as amicable a divorce as possible. I'm just beginning to fill out the paperwork and I'm now curious as to whether I need to declare a property I own in my home country of Turkey which, despite being bought during the marriage, was purchased... View More

John Michael Frick
John Michael Frick
answered on Aug 27, 2023

As part of the marital estate, you will want to ensure that your divorce decree confirms it as your separate property to avoid future problems.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Before I met my wife my mother was buying a house and land that I grew up in .Ok my mother told me she wanted me to

inherit the property when she passed away so she made me a beneficiary of her life insurance policy and she told me to pay off the home with what money that was left over and set up a trust that transferred the home in my name when she passes away. My mother passed away after I got married. Will... View More

Melissa O'Neal
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answered on Aug 24, 2023

In Texas inherited property is separate property. If the property is in Oklahoma where did your mother pass away because that could change things if the laws in that state are different. The separate nature of the property can also be affected if it was comingled with community property. I could... View More

3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Melissa O'Neal
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answered on Aug 23, 2023

This question is not specific enough for a yes or no answer but I would offer that you could not have been married to the girlfriend while still married to the ex wife. (I would be interested to know if you received the property in your divorce from her?) So even if a court found common law... View More

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1 Answer | Asked in Divorce for Texas on
Q: In Texas divorce does the 60 day time start when she files the petition or when I get served? Filed 8/2 and not served

My wife filed but I still haven't been served for some reason. Just not sure when the the time line

T. Augustus Claus
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answered on Aug 21, 2023

In Texas, the 60-day waiting period typically begins on the date when the original divorce petition is filed with the court, regardless of when you are personally served with the divorce papers. Therefore, if your wife filed for divorce on August 2nd, the 60-day waiting period would generally... View More

2 Answers | Asked in Divorce and Family Law for Texas on
Q: in Texas. Can I divorce if the was fiscal abuse with out his consent, not waiting the 60 days. no protection order.

there is no children in common. any way I can speed the process and no press changes?

John Michael Frick
John Michael Frick
answered on Aug 21, 2023

There are very few exceptions to the mandatory 60-day waiting period and your question does not mention any facts likely to support such a waiver.

The most effective way to expedite the process is to make sure a competent experienced attorney prepares an agreed decree of divorce and for...
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1 Answer | Asked in Domestic Violence and Divorce for Texas on
Q: I am a victim of domestic violence, my husband has been charged twice out of montgomery county and currently has a

Protective order and gps monitor to prevent him from coming to his house. He said he filed for divorce but I have not been served. I'm looking for affordable legal help as I haven't worked in 3 years and finally start a job tomorrow.

Grant St Julian III
Grant St Julian III
answered on Aug 28, 2023

I am not sure of you exact question, but call the local Bar Association if you need legal representation and cannot it. Good luck.

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