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Texas Divorce Questions & Answers
1 Answer | Asked in Child Support and Divorce for Texas on
Q: I just received my final decree signed by Judge but how do I know how am I receiving my child support and change of name
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The Decree should include the name change if you asked for your name to be changed and the judge granted it. You should register your child support account with the State Disbursement Unit which is where your decree should be requiring the obligor (or his employer if you also have a wage... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: If a man is considered a noncustodial parent, what can he do to change that?

My boyfriend's lawyer, while my boyfriend was in prison, said it would be best to sign as noncustodial parent. He is out now, and doing the right things to live a good life and wants to have rights to his daughter again. What steps need to be taken to make this happen? Who can we call? We... View More

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

In order to change the custody arrangement, your boyfriend will need to file a SAPCR ("suit affecting the parent-child relationship") seeking a modification of the current custody arrangement with the court in the county where the child lives in California. While the outcome of every... View More

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I was sued for divorce in Jan 2023. I retained an attorney who failed to get a continuance granted, and I lost all righ

She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Texas on
Q: If my ex husband is doing what is required from the divorce, what can I do and who do I go to?

He’s NOT doing what he’s supposed to. Is there anything as far as penalties?

John Michael Frick
John Michael Frick
answered on Feb 13, 2024

Yes. You should contact your divorce lawyer to file a motion to enforce, motion to clarify, motion for contempt, or suit for indemnity depending on what it is your ex-husband is not doing that he was ordered to do. Possible outcomes depend on the specific facts and circumstances of your case and... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: The other parent and I are married. We don’t have any custody order. The other parent keeps denying the child but…

took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: My husband is planning to tank my credit.

My husband is leaving me, no divorce, just up and disappearing and has said he is going to ruin my credit. We have a mortgage and a car in both our names plus I have a car in just my name. I can not afford all three on my own plus other bills. I don’t even think I can afford the mortgage plus... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

Since both of your names are on these debts, you are both responsible for the obligations. If you believe that he will follow through with the threat, the best option for you is to file for divorce to minimize the damage to your credit.

In a divorce, if the house is community property, the...
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1 Answer | Asked in Child Custody, Child Support, Divorce, Landlord - Tenant and Family Law for Texas on
Q: Need help with a complex divorce question involving false allegations, eviction attempts, and the removal from my home.

On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More

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

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: My wife left the last page of the divorce petition unsigned, where she was to send a certified copy to the OAG. Invalid?

She also claimed there was an active protective order against me, and waived the 60 day period. This is also incorrect. She was denied such an order yet still chose to lie and say that there had been family violence in our marriage. She also lied about an affidavit of inability to pay, which I can... View More

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

No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.

You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.

As for the affidavit of...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Why am I being asked to take a paternity test for child conceived last year, after being divorced for 7 years?

We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.

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1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Texas on
Q: I asked for a divorce from my emotionally abusive husband. How can I make it legal with no money?

Im not sure what my rights are or what to do next. I want this to happen soon. I’m afraid that I’ll get stuck here.

Todd B. Kotler
Todd B. Kotler
answered on Feb 7, 2024

Many courts allow you to file by also filing an affidavit of poverty (sometimes styled as a motion to waive fees or "in forma pauperis"). Se which of these your county's court requires by local rule. Good Luck.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: If ex-husband does not provide vehicle title to me as stated in divorce decree, can he be held responsible for my costs?

He states the vehicle title is lost. Sends picture of original title in his possession. Refuse to act to obtain a certified copy of the original and send it to me. I start the long process of need to get a Lien Release from the bank, a certified copy of Divorce Decree, apply for certified copy of... View More

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

It would have been quicker and easier to simply have had your ex-husband sign a power of attorney to transfer motor vehicle title on the form provided by the DMV. This is routinely how title transfers due to divorce proceedings are accomplished. A typical divorce decree would have required this... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What are the requirements to meet Common Law Marriage in the state of Texas?
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

1. There must be an agreement between the parties to be married;

2. After the agreement, the parties must live together in Texas as spouses; and

3. The parties must represent to others in Texas that they are married.

Alternatively, the parties may file a written...
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0 Answers | Asked in Divorce for Texas on
Q: Can my spouse get half of inherited property in a divorce?
1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: I received a harassment cease and desist letter from the police dept. Do they expire or have a statute of limitation?

Before my divorce, my then wife left me a note on my door one day telling me to no longer contact her for any reason. She blocked my email, phone number, and all social media accounts. One day, I sent a message to the only social media account she hadn’t blocked me from, one that she hadn’t... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

Sorry to hear your troubles.

While there is no real time limit on a cease and desist, letter from the police, you should take it seriously.

If you need to contact her for a legal reason, you should hire an attorney to do that. If you can not afford one, you should call the police...
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0 Answers | Asked in Business Law, Civil Litigation, Collections and Divorce for Texas on
Q: Powers of collection attorney versus receiver for post judgement collection. Texas.

Travis County TX. $2M judgement needs to be enforced. I'm well versed in the powers a receiver has, my ? is how do the powers of a collection attorney compare? I've had a receiver on my case for 2 years & he is choosing to be removed or substituted due to consistant non compliance of... View More

1 Answer | Asked in Divorce, Family Law, Business Law and Collections for Texas on
Q: Per decree indemnity clause am I entitled to be reimbursed legal & receivers fees paid to collect judgement ($200K)?

I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More

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

Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.

A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and...
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2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband bought our home before we met. A few years ago we refinanced in both of our names. Can he sell the house

He has filed for divorce but I haven't been served. Married 9 years in July. Again... My name is only on the refi

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

Most family courts in Texas issue standing orders when a divorce case is filed which prohibit both spouses from doing certain things during the pendency of the divorce case which usually includes selling a marital residence without prior court approval. Even though the home is his separate... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Hello I am reaching out here to enable a divorce to end an 17 year marriage with a 13 year kid. Need some insight

We are a family of three with both of us earning within the IT industry. For the divorce to be done I need some insight on

1. Both of us earn almost equal from our employers with a 10% higher on my ends

2. Both have almost equal savings and retirement accounts

3. We have a... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

In a divorce, the court will make orders for the division of your community property that are "just and right." In most cases in which the parties own a community property marital residence with substantial equity, if the parties do not agree otherwise, the court will most likely either... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I have no clue where my spouse is. I’m trying to terminate parental rights and get a divorce.

The non-custodial parent is not in the picture we live in two different states and he only wants to be a family if I wanted to be with him. I have proof of no help, or wanting nothing to do with our child but, he’s been abusive to me and holding the marriage over my head. I don’t know where he... View More

Joshua Frank Andor
Joshua Frank Andor
answered on Jan 9, 2024

In Texas, if you are unable to locate your spouse, you can file for a divorce by publication. This involves legally notifying your spouse of the divorce proceedings through a notice published in a newspaper in the area where they were last known to reside. This method is used when all other... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: TX SPO xmas 2023: when nonprimary possession ends at 6pm before school, do children return to primary if first weekend?

I am primary; she is secondary, TX SPO. Her Christmas possession runs 12/28 noon to 6pm Sunday before school starts Monday. I am expecting them to return to me at 6pm Sunday. However she claims that since Sunday is within the first weekend of January, at 6pm Sunday we revert to normal weekend... View More

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

If she ordinarily has possession on the 1st, 3rd, and 5th weekends until school resumes on Monday morning, she would retain possession of them at the end of the Xmas schedule until the end of her usual weekend possession on Monday morning.

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