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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce for Texas on
Q: I have taken over a vehicle payment for over three years for one of my kids and he and his wife are divorcing do I legal

The vehicle is soley in my son’s name, he obtained the vehicle before they married do I have legal rights to this vehicle.

John Michael Frick
John Michael Frick
answered on Mar 19, 2023

Unless you and your son entered into a formal loan relationship and you properly recorded any lien on the car title, you do not have any legal rights to the vehicle itself.

In fact, without evidence of a loan, your taking over the car payments might very well be considered a gift....
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My wife filed for divorce 01/25/23. I just today got the waiver and decree from her attorney. I don't know what to sign

The waiver says I give up my legal rights and won't be present at the court date. I don't want that because the wife was full of lies and deception during the marriage and separation. I don't want her going in front of the judge with more lies and getting the conditions of the divorce changed.

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

Based on what you said, I would not sign the waiver and would instead hire an attorney to file an answer on your behalf and to review the proposed decree.

There is no telling what sneaky things she or her lawyer may have put into the decree to disadvantage you. There are subtle ways to...
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2 Answers | Asked in Divorce and Family Law for Texas on
Q: (Texas) If my spouse has use of a bank account that is not in her name, can that account be an asset?

My spouse has a separate checking account at our credit union that she opened after separation. Our credit union requires that there be an attached savings account. It is not connected to the shared savings account, so that means that there has to be another account somewhere. I know that she can... View More

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

Yes, the information can be secured by your attorney.

Yes, if your wife deposited community funds into another account which is held in her brother’s name, or anyone else’s, those funds are still part of your marital estate.

On the other hand, if the account is merely linked to...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas Divorce in District court. How and why spouse may request other party to pay for her/his lawyer? Both are poor

Neither of us wanted or could afford divorce lawyer. But now I got the gift from friend. He sent me $5K for the divorce lawyer. But someone told my spouse that she may request me to pay for her lawyer. What is the legal ground for that? And in which circumstances they would satisfy such her request?

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

Tex Fam Code 6.708 authorizes the divorce court to award reasonable attorney fees in divorce proceedings. Tex Fam Code 6.502 authorizes to make temporary orders awarding interim attorney fees to a spouse.

Typically, this is done when one spouse controls community property like bank...
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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: My ex is trying to put our home in foreclosure to spite me. Is there a way around it?

After a DV situation I left the home for safety. The divorce that followed said I was owed x amount of dollars when it was sold. A few months after I left, he did too. He informed my child that he was letting the house go into foreclosure. That way I got nothing and would be unable to save my... View More

John Michael Frick
John Michael Frick
answered on Mar 15, 2023

In a typical divorce where one spouse is awarded part of real property and the other spouse is responsible to pay the mortgage, the first spouse receives a deed of trust to secure assumption.

If the second spouse does not pay the mortgage, the first spouse can then exercise her rights...
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1 Answer | Asked in Divorce and Social Security for Texas on
Q: Seeking assistance with social security appeal process for former spousal benefits

I am 66 years old, and I applied for former spousal benefits in July of 2021. Neither him or I ever remarried. We both live in the state of Texas. My application was denied on 10/15/21, and I formerly appealed the decision on 11/20/21. That appeal was officially denied at the end of January of this... View More

James L. Arrasmith
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answered on Mar 15, 2023

I'm sorry to hear that your former spousal benefits application was denied and your appeal was also denied. Here are some steps you can take to seek assistance with the Social Security appeal process:

Contact the Social Security Administration (SSA): You can contact the SSA by phone or...
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1 Answer | Asked in Divorce for Texas on
Q: I need help with spousal support and insurance. husband left me, because I’m disabled and now he’s engage with someone
John Michael Frick
John Michael Frick
answered on Mar 8, 2023

You should engage the services of an experienced family law attorney in or near the county where you or your husband live.

Expect to have to pay an initial consultation fee and deposit an initial retainer out of your community property funds.

You may be able to get temporary spousal...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My spouse is refusing to split her 401k in the community property division. My question is: Can she actually stop it?
John Michael Frick
John Michael Frick
answered on Mar 9, 2023

In a divorce, the parties’ community property is divided in a manner that is “just and right.” That does not mean that each asset individually is divided 50-50. It is not uncommon for each spouse to be awarded his or her own employee benefit plans, like a 401k.

In some cases, one...
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1 Answer | Asked in Divorce for Texas on
Q: received my email when the final court date for my divorce will be, do I need to forward it to my ex? They receive own?
John Michael Frick
John Michael Frick
answered on Mar 1, 2023

While your ex should also receive notice, the Petitioner usually has the responsibility of ensuring that the Respondent receives timely notice of the final hearing.

Otherwise, the court may not proceed.

1 Answer | Asked in Divorce for Texas on
Q: Divorce car question

I purchased a vehicle for my wife in 2010. I got out of the Marine Corps and couldn’t make the payments. I signed the car over to her father. She has been the sole operator of that car for 12 years. Would this mean the car belongs to her? Like a gift or something? Even though her names not on... View More

John Michael Frick
John Michael Frick
answered on Feb 28, 2023

From your question, it appears the car belongs to her father.

1 Answer | Asked in Divorce for Texas on
Q: I want an uncontested divorce

I need to know the cost and how quickly we can resolve this

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

A typical uncontested divorce should cost $5,000 or less if there are no children, no real estate, no retirement plans, and no special asset or debts to address.

You should be able to complete an uncontested where both parties sign off on an agreed decree of divorce in about 90 days.

1 Answer | Asked in Divorce and Child Custody for Texas on
Q: I’ve been served with divorce paper. Our child’s birthdate is incorrect on the paper. Does this void the citatation?

My spouse left our home and went to a different country for business without discussing this with me. He comes back for a week or two every month, sometimes every other month. I want family counseling before a divorce happens. I also want custody of our children with scheduled visitation. No... View More

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

No . It is valid. The date will be corrected

1 Answer | Asked in Divorce and Family Law for Texas on
Q: In Texas, I owned my home before marriage, refinanced 5 years into marriage with him only on loan and me only on deed.

We borrowed from the equity during refi. Now divorcing, who owes who? Is the equity my separate property that he owes me half of or is it community debt that I owe him half of ?

John Michael Frick
John Michael Frick
answered on Feb 13, 2023

Because you owned the property before marriage, it is your separate property notwithstanding the refinance. Any appreciation in value belongs to you.

Your separate property estate may owe his separate property estate or your community estate based on the equity which has accumulated due to...
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1 Answer | Asked in Divorce, Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What happens if I am suffering of remote neural monitoring/V2K and know who is behind it, what can I legally do?

They are my ex-brother/mother/father in law, legal counsel and potentially a law enforcement agency. This began 4 months after my ex-husband filed for divorce, and has been taking place for 1 year and 7 months (roughly, to my knowledge). Who can help me stop them?

James L. Arrasmith
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answered on Mar 2, 2023

Remote neural monitoring and V2K are not recognized by mainstream science as valid technologies, and there is no evidence that they actually exist or can be used to control or monitor individuals. Therefore, it is unlikely that you are experiencing these phenomena. If you are experiencing symptoms... View More

1 Answer | Asked in Divorce for Texas on
Q: I was awarded half of my ex-husband 401retirement.Now how to go about it and have no funds to pay him or her.

Until I have received the money.

Divorce was finalized on January 18th 2023

Left in December 2021

John Michael Frick
John Michael Frick
answered on Feb 9, 2023

An award of retirement funds in a divorce is contained in what is known as a QDRO (“Qualified Domestic Relations Order”).

Because retirement funds are not available until the employee’s retirement, the QDRO details exactly how the portion of the funds allocated to the employee’s...
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1 Answer | Asked in Divorce for Texas on
Q: My highly contentious divorce is set to go to trial very soon and am no longer represented . What are my options?

I am currently going through a highly contentious divorce that is slated to go to trial very soon. I did have an attorney but due to extenuating circumstances I do not currently have representation.

I am not prepared to try and represent myself against my ex-wife’s team of attorneys. I... View More

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

Ordinarily, the court will not allow your attorney to withdraw close to a trial setting.

You can fire your attorney at any time, but firing your attorney will rarely get you a continuance.

I have personal experience with competent family lawyers stepping into a case for the first...
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1 Answer | Asked in Divorce for Texas on
Q: divorcing after 40 yrs. am i entitled to half the house and half of his ira? he abandoned me after my stroke

i filed and he responded denial to my simple request. also need 24 hour care as i am learning to walk again. care is expensive and i am low on funds. i do recieve 1500. from ssecurity

is it posssible to get spousal support? how much?

Mary E. Ramos
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answered on Feb 8, 2023

In Texas, assets acquired during the marriage are considered community property. This means that any asset earned or acquired during marriage– be it earnings, retirement accounts, real property, personal belongings, etc – are subject to a just and right division in a Texas divorce. Even if an... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I already filed for divorce with children with a lawyer at the time. Why is judge taking time to finalize divorce

I can't afford lawyer now but everything was already agreed by both parties just waiting on judge to sign. Do I need to hire lawyer again to get a judge to sign??

John Michael Frick
John Michael Frick
answered on Feb 6, 2023

You may need to schedule a prove up hearing to present the necessary evidence for the judge to sign your proposed final decree of divorce.

You should contact court staff to see when your judge holds her prove ups and whether you need an appointment or can just appear with your necessary paperwork

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I initially filed an uncontested divorce, now my spouse does not want to sign papers. What should my next steps be?
John Michael Frick
John Michael Frick
answered on Feb 4, 2023

You should serve your spouse with citation and a copy of your petition if your spouse hasn’t already filed a written answer.

If your spouse does not file a written answer after being served, you can obtain a default decree of divorce.

If your spouse has already or does file a...
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1 Answer | Asked in Divorce for Texas on
Q: If you are an affordable but reliable divorce attorney in the Houston TX area that handles uncontested divorces contact

My husband is claiming he filed for divorce but I haven't received any paperwork yet. It's only been a few days but I want to be ready.

Rahlita D. Thornton
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Rahlita D. Thornton
answered on Feb 1, 2023

Certainly getting ready for a divorce is a good thing to do. An attorney could possibly check the court’s records for the filing as well. Good luck to you.

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