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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Does my ex-wife have possession of my son on my Friday possession during summer break? Confused on “Notwithstanding”

My weekends begin the 1st, 3rd & 5th Fridays of each month. I accidentally scheduled my two-weeks starting Saturday. The Friday before is the 5th Friday. I said I’d pick up “son” on Friday since it’s the 5th Friday. She said that Friday is now “overwritten” & I no longer have... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2023

Since your summer possession schedule does not follow the standard possession schedule, you should take the order/decree to a family law attorney so that the above quoted sections can be read in context of the possession schedule as a whole.

From the quoted sections, it sounds like your...
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1 Answer | Asked in Divorce for Texas on
Q: HOw do I know if my divorce decree is non-appealable?

The court in Poland is requiring the statement that my divorce from 2002 was final and non-contestable. I have to file it there in order to record the change of name and married status. How do I obtain such a statement? Divorce was granted in the court in Denton, TX

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

That is a question you need to ask a Polish attorney. Texas law does not mandate or prescribe such a statement.

1 Answer | Asked in Divorce for Texas on
Q: I been served divorce paper. I have 20 days to provide a written reply. What's my next step?
John Michael Frick
John Michael Frick
answered on Jun 1, 2023

You should hire a divorce attorney in or near the county where the divorce case has been filed. The attorney will file an answer, and most likely a counter-petition, on your behalf and will provide you with information regarding the initial disclosures and inventory & appraisement you will... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: How do I go about getting a divorce and filing for full custody against my husband who is in prison for abusing me?

Do I need to file for divorce first then full custody’s or vice versa? Can I do both at the same time? How much does it cost?

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

In a typical divorce case where the spouses have children, the suit affecting the parent-child relationship (custody, etc.) is resolved in the same action at the same time as the issues involving the divorce and division of the spouse's marital estate.

In a situation where one spouse...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I get my attorney removed from my case if their law office is no longer in existence?

I hired a law firm in 2021 for an uncontested divorce. Since then they have scammed me out of 10,000$ and have made zero progress on my case. About 6 months ago we were told that the law firm is no longer in operation. I cannot get ahold of them or anyone from the firm.

I am wanting to go... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

1. Identify the individual lawyer or lawyers who have appeared in your case. Typically, they are listed by name with the State Bar numbers in the signature block of each pleading filed in your pending case.

2. Go to the State Bar of Texas website and look them up to determine current...
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1 Answer | Asked in Real Estate Law and Divorce for Texas on
Q: Can I file for a owelty lien without a lawyer & how long with it take to go into effect? Also what do I need to file one

I was divorced a while back and was told I could not get any lien. I am seeing other wise now.

Can I file for an owelty lien on my own?

What do I need in order to file one? Such as a form and or my divorce decree?

If I do one, how long does it take to go into effect?

John Michael Frick
John Michael Frick
answered on May 31, 2023

An owelty lien is placed on real property at the time of divorce, not after.

A competent divorce lawyer would always place one if one spouse is awarded ownership of real property but is required to pay the other spouse money for his/her interest in the property.

If your divorce...
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My divorce says I get $45,000 on the sell of a house. I'm a co signer my ex husband the main. How do I get my money?

I was awarded $45,000 (in our divorce) when the house my ex and I has sold. He is not a nice guy and will not freely give me the money. I can't afford a lawyer either if it goes down this way. I am on the mortgage and he is on the deed. Because I am a co signer the realtor said she won't... View More

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

The title company should withhold the money from the purchase price at the time of sale and send it to you.

You will likely be required to attend the closing and sign documents. If your divorce was handled by a competent attorney, you should an owelty lien securing the $45,000 payment owed...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My ex-husband was supposed to file papers for me to get my qrdo and he hasn’t so I need to file them how much to fil
John Michael Frick
John Michael Frick
answered on May 30, 2023

Your divorce attorney ought to be able to prepare a QDRO and get it signed if you provide all of the necessary information for about $1,000.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I want to file uncontested no fault divorce. Can my spouse contest a divorce for no reason . No kids .No assets .

We never lived in the same house together because of her gambling addiction and she is financially irresponsible habits. She said no when I told I want a divorce and she said she would drive up the cost of the divorce if I tried to divorce her so I couldn't afford one. What can she contest if... View More

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

Yes. She can just say no. She can refuse to sign an agreed decree.

At some point, you or she will have to set the case for trial and complete pretrial preparations as ordered by the court.

And yes, that will increase your legal expenses if you have a lawyer. By how much depends...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can I file for divorce online without using a divorce service & not appear in court. No kids, no assets,Brazos County,

Can I do all of this using the Texas e-filing portal? Or must I go the clerk's office?

Spouse is incarcerated. Marriage took place during incarceration. Spouse will not contest.

Thank you.

John Michael Frick
John Michael Frick
answered on May 26, 2023

Legally, you can always represent yourself in your own divorce proceeding.

It's like rebuilding a car engine. Legally, you can rebuild your own car's engine. It's probably not wise if you don't know what you're doing.

Many people with substantial legal...
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2 Answers | Asked in Divorce for Texas on
Q: Is my wife's attorney about to screw me over?

I'm representing myself at the moment until I save up enough money to hire an attorney in the next couple of weeks.

After submitting Answer of General Deniability & Counter Petition, my wife's divorce attorney emailed me proposing to schedule mediation to negotiate the... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

The email from her attorney appears to be normal standard operating procedure. Most judges require mediation if the parties do not enter into an agreed decree of divorce without one.

You say your wife has control over a HUGE cash stockpile in her account. How huge? Huge is relative....
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Seeking text messages and social media messages in divorce case - Are screenshots sufficient?

Since my wife filed for divorce earlier this year, for now I am currently representing myself in my divorce case as I am working hard to save up enough money to hire an attorney, hopefully next month.

During this time, I am conducting basic discovery to gather evidence related to my... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

It is typical to use as evidence a printout of an entire thread of text or SMS messages between two parties so that the entire context of the conversation can be viewed. The printout usually has different colored bubbles for each participant with the date and time of each message and the phone... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Am I required to keep all of my children during visitation if I don’t have the means to?

I am unable to afford a space for all 4 children to sleep comfortably. I am asking for 2 children at a time, but my ex is adamant that I must take all 4 or none at all, in which case she is stating that I am forfeiting my time with them. The standard possession order does not specify that I am... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 28, 2023

Buy sleeping bags or put blankets on the floor. You don't need beds.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can filing an amended petition in my divorce case be considered a surprise?

After my wife initiated the divorce proceedings, I quickly responded with a general denial and a Counter Petition that I found online, as I was eager to avoid a default judgment and have a say in the division of our marital estate.

Currently, we have a pre-trial conference scheduled in... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

Unless there is already a scheduling order in place which imposes a pleading deadline, you generally can freely amend your counter-petition up to seven days before your trial setting. Ordinarily, a court must allow you to amend your pleading, but may grant a continuance to avoid surprise or unfair... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Do I always need to provide an inventory and appraisement during a divorce?

Last week my wife's attorney has requested an inventory and appraisement from me. The assets we have accumulated during our marriage include cash in our bank accounts, an SUV and sports car, furniture, and her 401k and Roth IRA. On the other hand, the only liabilities we have are $10,000 in... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

It is not always required but it is often required and is very useful. In many instances, spouses "forget" about assets like accumulated frequent flyer miles, unpaid bonuses, etc. Taking the time to complete a thorough and accurate Inventory and Appraisement helps the parties and their... View More

2 Answers | Asked in Divorce and Family Law for Texas on
Q: Beyond the Motion, what else do I need in filing a Motion for Interim Attorney Fees?

In March 2023, my wife filed for divorce in Dallas, TX which is where we both live. I responded with my Answer and Counter Petition. We're in the discovery phase after completing Initial Required Disclosures. She hired an attorney using her substantial cash reserves, while I lack financial... View More

Sharita Blacknall
Sharita Blacknall
answered on May 23, 2023

When you submit your Motion for Interim Attorney's Fees in Texas, you're essentially asking the court to order your spouse to pay for your legal representation. It's important to understand that most attorneys consider the award of attorney's fees by the other spouse to be a... View More

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1 Answer | Asked in Divorce for Texas on
Q: Before filing my First Amended Petition for Divorce, do I need to file a Motion?

I'm in Dallas, TX and a Pro Se Respondent in a divorce case initiated by my wife in mid-March 2023. I filed an Answer of General Deniability and a Counter Petition before the deadline. We're past the 60 day cooling off period, both exchanged Initial Required Disclosures, and currently... View More

John Michael Frick
John Michael Frick
answered on May 22, 2023

A motion is not needed but, since you are the Respondent, it should be your First Amended Counter-Petition for Divorce

1 Answer | Asked in Family Law and Divorce for Texas on
Q: I'm in texas. In my divorce my ex-husband got a car that was in my name with the debt. He is not paying. Can I repo?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Ordinarily, the trial judge decides the distribution of property, and it takes an especailly inept one to grant an item of personalty and keep the other party on the hook for the payments. Here, the named account holder, the asker, is on the hook for paying the car loan, but the other party has the... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Would it be illegal for a minor to stay in the US without a guardian for 2 weeks if the guardian is travelling

Parents are divorced and one is traveling out of the country and another one lives in a different state without the child

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 21, 2023

The child needs to be left with an adult it does not have to be a relative.

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Texas on
Q: My husband and I are divorcing but we both need to file bankruptcy. Which should we file first?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 19, 2023

A reliable answer to your question can only be given after a full review of your respective financial circumstances.

That said, domestic relations SUPPORT obligations (spouse or children) are generally not modifiable by a bankruptcy court. However, payments in the nature of property...
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