Get free answers to your Divorce legal questions from lawyers in your area.
My husband filed for divorce,I’m a senior don’t have own income .
answered on May 11, 2023
The Texas Family Law Practice Manual (3d ed) has a form for a motion for temporary orders that will serve your purposes.
The house is very unhealthy. I divorced my wife because of this now I'm homeless. Section 8 is allowing a single woman to live in a house with 12 to 15 cats. The ammonia smells so strong it burns your eyes and nose. It's not healthy for her it hasn't been healthy for me in about 12... View More
answered on May 10, 2023
As her husband, you unquestionably had a greater say about this situation than any Section 8 agency.
You might be able to make some headway reporting her for animal cruelty if the health of the cats are endangered. As for her own health, that is really something for her to decide for... View More
My estranged husband put a restraining order against me to not see my son. I have a court hearing tomorrow and was not able to procure legal representation in time. I have an option to do a continuance to try and procure representation or to represent myself in court in order to see my son. I... View More
answered on May 9, 2023
Please get yourself an attorney.
You need an attorney here. It is too important for you to see and spend time with your son.
Good luck!
answered on May 8, 2023
You can file a verified motion to recuse the judge for bias. You will need to attach a sworn affidavit signed by a person with personal knowledge attesting to facts showing that the judge is biased. Bias cannot be demonstrated based solely on a judge’s rulings and decisions during the course of... View More
When the Respondent in an Original Petition for Divorce files a Motion for TRO, TI and TO into the case,
is the Respondent now the considered the Petitioner in the Motion?
Is the general rule that the person who brings the Motion for anything considered the Petitioner?
My... View More
answered on May 5, 2023
The party who files a motion is commonly called the Movant.
The party responding to the motion is commonly called the Respondent; but, if the motion is a motion for summary judgment, the party against whom the motion is filed is called the non-movant (a summary judgment cannot be granted by... View More
We've been married 20 years, our children are adults, the mortgage is in both names but he's agreed to let me stay in the home, we both have retirement accounts (low value) and we've agreed not to touch each other's. I've called a few attorney's who are asking for a... View More
answered on May 5, 2023
A $5,000 initial retainer is extremely reasonable.
The problem with trying to do your own divorce is you don’t know to ask or research how to do something if you don’t know you need to do it.
You have a home and mortgage, so you will need a Special Warranty Deed and Deed of... View More
Trying to see who would get custody of our kids if the mom has history of addiction with drugs and mental health issues has not worked in about 3 years or be involved with the kids much.
The father has been there for the kids day to day things, worked and supported the family financially... View More
answered on May 3, 2023
When determining custody arrangements, Texas courts prioritize the best interests of the child. The court considers several factors, including the physical and emotional well-being of the child and each parent's ability to provide a safe and stable environment.
In a situation where one... View More
Of their time the judge awarded them can the other spouse evict them and a JP Court or do they have to go back to the court that granted the divorce
If the plaintiff does decide to file through the JP Court and is successful in the eviction can they later on file a contempt motion in the... View More
answered on Apr 27, 2023
Great question.
If the Divorce case is still active, you can go to your judge and file a motion to dispossess (evict), your ex.
If you bring a copy of your divorce case Order which states that your ex must leave after a certain amount of time, you can go to Eviction court to evict... View More
answered on Apr 27, 2023
Not necessarily. The laws of the particular foreign nation govern whether that nation will acknowledge the validity of the US divorce decree.
In India, for example, a divorce decree by mutual consent is legal, valid and binding.
On the other hand, in a contested divorce case, India... View More
I'm in a very abusive and neglectful common law marriage . He is currently awaiting to appear in district court for violating his probation that he received the last time he threw me around and down and busted my mouth. I don't have money for legal counsel he has abandoned me and stopped... View More
answered on Apr 24, 2023
Contact legal aid organizations in your area, they may be able to connect you with a pro Bono attorney.
WHEN I LOOK IT UP ON PUBLIC RECORDS IT DONT COME UP UNDER MY NAME BUT IT DO HERS. IVE NEVER SIGNED NO PAPERS. AND ITS LOCKED ON THE PUBLIC RECORDS
answered on Apr 24, 2023
Go to the records building to request a copy of the marriage license. Ask for it under your name and hers.
Here is the address for Dallas: Records Building - 500 Elm Street, Suite 2100, Dallas, TX 75202.
My ex spouse moved back into the house instead of getting his belongings out of the house. We are in the middle of a binding contract with our realtor signed by him and I. I have exclusive rights to the house until the house is sold. I have already moved my things out per court order and realtor... View More
answered on Apr 20, 2023
A motion for contempt requires the services of an experienced family lawyer. There are specific requirements that must be met to obtain a valid contempt order.
I'm paying for my rent and all expenses so I want to know if filling a child support order is okay when we are not divorced
answered on Apr 20, 2023
Yes, you can file what is called an Original Petition in Suit Affecting Parent-Child Relationship. In Texas, this motion will establish which parent will be the primary parent (i.e., who your child will primarily reside with), and what type of visitation the non-primary parent will have with the... View More
Pro se- Efile in Texas. Only order given was of a final hearing April 11 that was post marked March 22. I called multiple times explaining the ordeal and just getting transferred and not helped. I also need more time for evidence and legal.
answered on Apr 10, 2023
You need to file a verified motion for continuance attaching an affidavit or sworn declaration detailing the medical issue and necessity for your surgery. It would be beneficial to attach sufficient medical records to demonstrate your procedure is not elective and cannot wait.
answered on Apr 4, 2023
A judgment nunc pro tunc is commonly used to correct an erroneous date in a judgment like a divorce decree. The question is whether the error is a clerical error or a judicial error. A judgment nunc pro tunc can be properly used to correct a clerical error, but not a judicial error.
The... View More
My ex husband was an abuser that drinks & abused substances. I tried to leave with my kids that I solely provided for. He would threaten to kill us every time & we could never get out. In 2014 we finally got divorced (thanks to a pushy mistress) & he still wouldn't let us go. He... View More
answered on Apr 4, 2023
The attorney general's office should be able to work on getting that back for you -- I would recommend reaching out to them. Before doing so, make sure you have a copy of the divorce decree so you can provide them with the cause number.
I wish you all the best!
My parents filed for divorce in 2015 and while waiting for it to be finalized they cancelled it. They are filing for it again now and we were wondering if it is possible to reopen that original divorce case and have the waiting period waived. This is pertinent as my mom is currently homeless... View More
answered on Mar 31, 2023
No. There are only two exceptions to the 60-day waiting period, both of which involved family violence.
Typically, the lender would only require your dad to sign the Deed of Trust because of his homestead rights in the event of your mon's death before the loan is repaid. Many married... View More
Mortgage is in my name and X wife name.
Mortgage company won’t remove her name.
answered on Mar 23, 2023
You can do so either by leaving it to your new wife in your Last Will and Testament or by a Transfer on Death Deed.
If you signed a Deed of Trust to Secure Assumption in favor of your ex, be aware that your ex can "foreclose" on it if the mortgage is not timely paid.
They were together for 25 years common law married and they legally got married and were together for 7 years I believe and then they were gay men one had inheritance the other one had not been able to work cuz he wouldn't let him there was domestic violence involved and he has assets and... View More
answered on Mar 21, 2023
It depends on whether your husband names you as his sole heir in his last will and testament, whether he has any children, and whether any of the property he owns at the time of his death is his separate property.
If you are named in his will as his sole heir and he does not have any... View More
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