Get free answers to your Divorce legal questions from lawyers in your area.
The vehicle is soley in my son’s name, he obtained the vehicle before they married do I have legal rights to this vehicle.
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.... View More
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.
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... View More
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
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... View More
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?
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... View More
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
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... View More
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
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... View More
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... View More
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... View More
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.
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
answered on Feb 28, 2023
From your question, it appears the car belongs to her father.
I need to know the cost and how quickly we can resolve this
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.
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
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 ?
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... View More
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?
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
Until I have received the money.
Divorce was finalized on January 18th 2023
Left in December 2021
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... View More
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
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... View More
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?
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
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??
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
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... View More
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.
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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