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Texas Divorce Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Divorce for Texas on
Q: Divorce mediation was ordered by Judge but I can’t afford to pay for my mediation

Judge stated I had money in my 401k and for me to pay for mediation from that account. The rules for loans from 401k don’t allow me to use the funds. What legal repercussions are there for not being able to afford mediation?

John Michael Frick
John Michael Frick
answered on Dec 6, 2022

In almost all situations, an employee can make an early withdrawal from their 401k plan to pay a mediation fee in a pending divorce case. It happens all the time.

Good luck trying to prove your 401k plan will not allow you to make an early withdrawal under such circumstances.

2 Answers | Asked in Divorce for Texas on
Q: Can I get spousal support from my husband of 26 years marriage now it's been 3 yrs he's been cheating now with our Neice

Husband cheating with our Neice,hasn't helped me at all since he started 3 years ago another person left me with unpaid bills got evicted. He supports them not me. Now he wants me to give him everything we had in the home. And now says for me to deal with everything including divorce. He will... Read more »

John Michael Frick
John Michael Frick
answered on Dec 5, 2022

If you file for divorce, are unable to provide for your reasonable minimum needs, and are actively seeking employment that will provide you enough income to provide for your reasonable minimum needs, you are eligible for spousal maintenance (alimony) under the facts stated.

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1 Answer | Asked in Divorce for Texas on
Q: My husband got a divorce from me but he lied to the court to get it. What do i do?

My husband got a divorce from me but he lied to the court about my whereabouts and why we got divorced he never once tried contacting me even though he knew where I lived and knew my number in court he lied and and said I left him because of money issues but I left him because he was abusive to me... Read more »

John Michael Frick
John Michael Frick
answered on Dec 2, 2022

You are not still married. You are divorced. Given how much time has passed, you cannot do anything about your ex-husband lying to the court. You may, however, be able to correct your name on your divorce decree by hiring an attorney to file a motion for judgment nunc pro tunc.

1 Answer | Asked in Identity Theft and Divorce for Texas on
Q: Four and a half years ago my best friend of 4 years and boyfriend and I decided to have a common law marriage,

We went to the Court annex and he didn't tell me he didn't have an idea and he actually had a ticket warrant and so we couldn't get a regular marriage license. So we decided to use a common law marriage. We both announced on our Facebook pages. He introduced me to all of the... Read more »

John Michael Frick
John Michael Frick
answered on Dec 2, 2022

If you chose to record a declaration of common law marriage instead of getting a marriage license, you can and should file for divorce under the circumstances you describe. You have two years from the date you stopped living together as spouses to file. From your description, that sounds like it... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Will I lose any of my rights as homeowner if I move out before an agreement on the home is made between myself & spouse?

We have agreed we don't want to sell the house he says he is not buying me out wants to keep the house for our adult children to inherit but he wants to continue to live in the house. I will pay half the property taxes he will pay the mortgage and ins we have 4-5 years left to pay our house... Read more »

John Michael Frick
John Michael Frick
answered on Dec 1, 2022

You will not lose your rights as a homeowner. However, in my professional experience, in the event of a divorce proceeding, a spouse who has voluntarily moved out of the marital residence is rarely awarded temporary use and possession of the marital residence during the pendency of the divorce... Read more »

1 Answer | Asked in Divorce for Texas on
Q: The husband never talk just suddenly sent me a email from a attorney about divorce case, I don't know what is that?

I'm in the process of divocing the husband. But I need time to figure out something. I broke my bone and cannot work at the present. I live and rest at another place because it is too depressed if I don't move out. but husband looks like he is in hurry to finish the divorce as fast as he... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 25, 2022

Retain a lawyer, Yiu may be able to get temporary spousal support until you can return to work, The service not be good but I cant tell you for sure without looking at the file..

1 Answer | Asked in Divorce and Family Law for Texas on
Q: My wife does not want to divorce but will sign a separation agreement or postnup for lump sum. What is best way forward

She is too traumatized to divorce right now, but needs a lump sum representing half the community property and 7 years of spousal support. What is the best document for her to sign so that if she agrees to divorce later, the court will deduct this pre-payment from what she is owed in a divorce... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 19, 2022

A post nupt agreement is what you need,

1 Answer | Asked in Divorce for Texas on
Q: My soon to be ex husband filed for divorce and everything he put in for the reason was a lie and I never got a chance to

Fight back and deny the petition he defamed my character by saying I abandoned my son at a strangers porch which is not true and he used that excuse to get early discharge out of the army! I have proof I wS with my son taking him to school every day during the dates he's accusing me of doing... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 18, 2022

Retain a lawyer and have your day in court, He has to prove the allegations . His word alone is not enough

1 Answer | Asked in Divorce for Texas on
Q: Al encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal pr

Property awarded to the husband in this decree unless express provision is made in this decree to the contrary.

what does this mean in a texas divorce decree?

John Michael Frick
John Michael Frick
answered on Nov 15, 2022

It means those types of debts must be paid by the Husband if they are associated with property awarded to the Husband.

For example, taxes owed on a parcel of real estate that has been awarded to the Husband must be paid by the Husband.

A lien against a motor vehicle that has been...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: How do I find all pending charges against my cousin?

Need some good advice for my cousin to get him back on track he needs a good pro bono lawyer cuz he is caught up in some nonsense

Sharita Blacknall
Sharita Blacknall
answered on Nov 15, 2022

There is no central place for him to look for all charges. He will have to contact each county that he thinks he has pending charges. Many counties have websites where this information can be obtained. If the county does not have a website with this info, he can call the county clerk, district... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Texas on
Q: Going thru a divorce in TX. The judge issued a Level 2 Discovery. Opposing attorney has yet to comply. What can I do?

The Discovery was the exchanging of appraisal lists within 30 days. It has been 45 days and I have yet to receive any documents from exs attorney. I wanted to know what I could do since I’m unable to retain an attorney. Just wanted some guidance and I know I need an attorney but I don’t... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 6, 2022

File a Motion to Compel the missing discovery,

0 Answers | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for Texas on
Q: Texas - Quitclaimed property to ex-husband. Ex-husband's family feels he needs to be in a home.

Ex-husband is disabled and lives by himself on property. He receives SSDI and barely can take care of his self. I quitclaimed my portion of the property to him, but my name is still on mortgage. The inside of the house is a disaster, he can barely take care of himself much less the house. Adult... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Going through a divorce and can’t afford a lawyer. Judge issued a court order to exchange appraisal list within 30 days?
John Michael Frick
John Michael Frick
answered on Nov 11, 2022

In divorce proceedings, it is usually required that the spouses exchange a sworn Inventory & Appraisement early in the case. A form is available in Section 7 of Volume 1 of the Texas Family Law Practice Manual (3rd ed). Your County Law Library should carry this Manual. The librarian can help... Read more »

2 Answers | Asked in Divorce for Texas on
Q: When a spouse has ownership in a highly profitable business, how can/do they hide/misrepresent assets?

Is hiring a Private Investigators, Financial Forensics Svc, etc… the best way to go when you know your spouse is extremely SHADY (narcissist traits). Focus on finances discovery…

John Michael Frick
John Michael Frick
answered on Nov 10, 2022

In my experience, the most common ways are for the spouse to use the business entity to purchase and own assets which are unrelated to any legitimate business purpose of the entity and for the spouse to cause the business entity to retain earnings that the spouse is entitled to for providing... Read more »

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2 Answers | Asked in Divorce for Texas on
Q: When a spouse has ownership in a highly profitable business, how can/do they hide/misrepresent assets?

Is hiring a Private Investigators, Financial Forensics Svc, etc… the best way to go when you know your spouse is extremely SHADY (narcissist traits). Focus on finances discovery…

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 10, 2022

Take Cash or open bank accounts without your knowledge,

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1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: What is needed to file for a de novo hearing in Travis county

I had a judge sign off on temporary orders on Friday. But they are not fair or just. They were written by my husbands attorney since I do not have one.

John Michael Frick
John Michael Frick
answered on Nov 7, 2022

If the temporary orders were made by an Associate Judge, you should file a proper and timely objection to the specific parts of the order which with you disagree and promptly set it for hearing before the district judge.

1 Answer | Asked in Divorce for Texas on
Q: Legally divorced if in the divorce decree the name of ex-husband is incorrect?

Ex’s name in divorce decree is (using initials only) JAF instead of JIF.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 21, 2022

Have your lawyer correct this. It may cause you issues in the future, The good news is you are divorced.

2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: My grandpa bought his house and is in his name only, before he married his wife of 25+ years.

They are now in the process of a divorce. But I'm not so sure he will live long enough before the divorce is finalized. He wants to leave his house to me only. What do I need to do to ensure this happens?

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 3, 2022

He can have a Will or Trust drafted in his name detailing his wishes. Whatever interest he owns in the home after the outcome of the divorce can transfer to you upon his death.

If his wife retains or it is determined she owns an interest in the home, she may be able to live in the home...
Read more »

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1 Answer | Asked in Divorce for Texas on
Q: I am filing for Divorce, Husband is threatening me to disclose an income I did not report to get Medicaid for my ill son

We got separated 5 years ago, I moved to another state and I had a Baby that was born with Heart complications, I applied for Medicaid for his Insurance but when I asked my husband for a divorce he threatened to disclose an income that he paid me for a portion of a sold property that at that time... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 1, 2022

File for divorce. If he reports you he is reporting himself too. He sounds like a jerk.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I need to postpone my divorce

My husband has bipolar disorder. It is serious he can act normal, but he is not in the right frame of mind. I need to find out how to stop and pause. he missed our daughters graduation that is way out of character for him. I do not have peace with this right now. I have to postpone it I don’t... Read more »

John Michael Frick
John Michael Frick
answered on Oct 27, 2022

The answer depends on the current state of your case, the court it is in, and the particular facts and circumstances of your specific situation.

The first and most important thing you can do is hire an attorney with experience in family law.

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