Get free answers to your Divorce legal questions from lawyers in your area.
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
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... View More
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
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.
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
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?
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... View More
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
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... View More
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?
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... View More
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
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... View More
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.
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
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... View More
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.
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... View More
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
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.... View More
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
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
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
answered on May 28, 2023
Buy sleeping bags or put blankets on the floor. You don't need beds.
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
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
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
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
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
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
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
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
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
Parents are divorced and one is traveling out of the country and another one lives in a different state without the child
answered on May 21, 2023
The child needs to be left with an adult it does not have to be a relative.
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... View More
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