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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce for Texas on
Q: Where can I find the form to file for temporary spouse maintenance in Bexar county

My husband filed for divorce,I’m a senior don’t have own income .

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Divorce and Animal / Dog Law for Texas on
Q: Is it legal for a person to house 12 to 18 cats in a 1000 sq ft apartment dwelling. They eat 3 to 5 cups daily.

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: Restraining order court tomorrow. No legal rep. Should I ask for a continuance or rep myself?

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

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn 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!

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can you ask for a different judge because of biased, aEllis county divorce
John Michael Frick
John Michael Frick
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

2 Answers | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for Texas on
Q: I'm the Respondent in the Original Petition filing a Motion into the case. Am I the Petitioner in the Motion?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Simple, uncontested divorce. Do I need a lawyer?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Try to see who would get custody of our kids if the mom has history of addiction with drugs and mental health issues has

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

Sharita Blacknall
Sharita Blacknall
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...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: In texas finalized divorce if a party who was given inclusive right and use a property does not vacate at the end

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

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn 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...
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1 Answer | Asked in Divorce for Texas on
Q: Is US divorce valid over the globe? We got married in INDIA
John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Divorce, Copyright, Tax Law and Collections for Texas on
Q: Can I file for a divorce and ask for the fees and court cost to be waived and then attain a lawyer through the courts

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

Joel Gary Selik
Joel Gary Selik
answered on Apr 24, 2023

Contact legal aid organizations in your area, they may be able to connect you with a pro Bono attorney.

1 Answer | Asked in Contracts, Divorce and Family Law for Texas on
Q: i REALLY NEED TO KNOW IF IM REALLY MARRIED. I HAVE BEEN TRICKED

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

Sharita Blacknall
Sharita Blacknall
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.

1 Answer | Asked in Divorce for Texas on
Q: In Bell County, Texas what form do I need to file for contempt of disobeying the divorce decree and realtor contract?

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

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Is it possible to file for child support when we are not divorced but live separately and I have my 18month baby with me

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

Rafee'a S. Majeed
Rafee'a S. Majeed
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

1 Answer | Asked in Divorce, Domestic Violence and Sexual Harassment for Texas on
Q: I Just had last minute surgery. Court is Tues. I was never told a new hearing date for continuance. How can I file then?

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.

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can a lawyer file a nunc pro tunc to change the date on a divorce decree if it effects the total money received?
John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What can I do about my ex husband trying to claim he is too ill for child support?

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

Jonathan Tanaka
Jonathan Tanaka
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!

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Is it possible to waive the 60 day wait period for divorce in Texas if previous divorce attempt happened?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Divorce for Texas on
Q: Should I die how can I leave my house to my new wife. The house is in my name and my X. I got house after divorce.

Mortgage is in my name and X wife name.

Mortgage company won’t remove her name.

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Divorce for Texas on
Q: What is the amount of a typical retainer for a divorce case of average complexity in your area?
John Michael Frick
John Michael Frick
answered on Mar 23, 2023

$5,000 - $10,000 in a case of average complexity

1 Answer | Asked in Divorce and Family Law for Texas on
Q: If my husband dies before the divorce is final do I get all his proceedings in his assets and his land and his house

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

John Michael Frick
John Michael Frick
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...
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