Get free answers to your Divorce legal questions from lawyers in your area.
Do the proceeds then become community property upon actual divorce? Even if saved in a separate account?
answered on Dec 13, 2022
If you can trace the money on deposit in an account to the proceeds from a sale of separate property, those funds would be separate property.
A competent family lawyer should be able to trace funds to make a determination
answered on Dec 11, 2022
No. Jurisdiction and venue are determined at the time of filing. It doesn’t matter is either or both parties subsequently move to another county.
answered on Dec 10, 2022
Whether a member can live in an asset owned by the LLC rent free depends on what the company agreement says.
If the membership interests in the LLC are community property, the divorce court can effectively change the ownership percentage by awarding one spouse’s interest to the other.
Not currently on it and we’re in divorce talks
answered on Dec 9, 2022
The biggest “con” is that you become personally liable for the debt. Depending on your income, you may find it difficult to get another mortgage loan without first, or simultaneously, paying off this one first.
The “pro” is it may help with your credit score and improve your... View More 
answered on Dec 8, 2022
No. Your settlement will preclude you from relitigating your divorce against your former spouse.
Your legal remedy is a legal malpractice case against your former attorney. You will need to show that your former attorney’s conduct did not meet the standard of care for attorneys... View More
Judge stated I had money in my 401k and for me to pay for mediation from that account. The rules for loans from 401k don’t allow me to use the funds. What legal repercussions are there for not being able to afford mediation?
answered on Dec 6, 2022
In almost all situations, an employee can make an early withdrawal from their 401k plan to pay a mediation fee in a pending divorce case. It happens all the time.
Good luck trying to prove your 401k plan will not allow you to make an early withdrawal under such circumstances.
Husband cheating with our Neice,hasn't helped me at all since he started 3 years ago another person left me with unpaid bills got evicted. He supports them not me. Now he wants me to give him everything we had in the home. And now says for me to deal with everything including divorce. He will... View More
answered on Dec 5, 2022
If you file for divorce, are unable to provide for your reasonable minimum needs, and are actively seeking employment that will provide you enough income to provide for your reasonable minimum needs, you are eligible for spousal maintenance (alimony) under the facts stated.
My husband got a divorce from me but he lied to the court about my whereabouts and why we got divorced he never once tried contacting me even though he knew where I lived and knew my number in court he lied and and said I left him because of money issues but I left him because he was abusive to me... View More
answered on Dec 2, 2022
You are not still married. You are divorced. Given how much time has passed, you cannot do anything about your ex-husband lying to the court. You may, however, be able to correct your name on your divorce decree by hiring an attorney to file a motion for judgment nunc pro tunc.
We went to the Court annex and he didn't tell me he didn't have an idea and he actually had a ticket warrant and so we couldn't get a regular marriage license. So we decided to use a common law marriage. We both announced on our Facebook pages. He introduced me to all of the... View More
answered on Dec 2, 2022
If you chose to record a declaration of common law marriage instead of getting a marriage license, you can and should file for divorce under the circumstances you describe. You have two years from the date you stopped living together as spouses to file. From your description, that sounds like it... View More
We have agreed we don't want to sell the house he says he is not buying me out wants to keep the house for our adult children to inherit but he wants to continue to live in the house. I will pay half the property taxes he will pay the mortgage and ins we have 4-5 years left to pay our house... View More
answered on Dec 1, 2022
You will not lose your rights as a homeowner. However, in my professional experience, in the event of a divorce proceeding, a spouse who has voluntarily moved out of the marital residence is rarely awarded temporary use and possession of the marital residence during the pendency of the divorce... View More
I'm in the process of divocing the husband. But I need time to figure out something. I broke my bone and cannot work at the present. I live and rest at another place because it is too depressed if I don't move out. but husband looks like he is in hurry to finish the divorce as fast as he... View More
answered on Nov 25, 2022
Retain a lawyer, Yiu may be able to get temporary spousal support until you can return to work, The service not be good but I cant tell you for sure without looking at the file..
She is too traumatized to divorce right now, but needs a lump sum representing half the community property and 7 years of spousal support. What is the best document for her to sign so that if she agrees to divorce later, the court will deduct this pre-payment from what she is owed in a divorce... View More
Fight back and deny the petition he defamed my character by saying I abandoned my son at a strangers porch which is not true and he used that excuse to get early discharge out of the army! I have proof I wS with my son taking him to school every day during the dates he's accusing me of doing... View More
answered on Nov 18, 2022
Retain a lawyer and have your day in court, He has to prove the allegations . His word alone is not enough
Property awarded to the husband in this decree unless express provision is made in this decree to the contrary.
what does this mean in a texas divorce decree?
answered on Nov 15, 2022
It means those types of debts must be paid by the Husband if they are associated with property awarded to the Husband.
For example, taxes owed on a parcel of real estate that has been awarded to the Husband must be paid by the Husband.
A lien against a motor vehicle that has been... View More
Need some good advice for my cousin to get him back on track he needs a good pro bono lawyer cuz he is caught up in some nonsense
answered on Nov 15, 2022
There is no central place for him to look for all charges. He will have to contact each county that he thinks he has pending charges. Many counties have websites where this information can be obtained. If the county does not have a website with this info, he can call the county clerk, district... View More
The Discovery was the exchanging of appraisal lists within 30 days. It has been 45 days and I have yet to receive any documents from exs attorney. I wanted to know what I could do since I’m unable to retain an attorney. Just wanted some guidance and I know I need an attorney but I don’t... View More
answered on Nov 11, 2022
In divorce proceedings, it is usually required that the spouses exchange a sworn Inventory & Appraisement early in the case. A form is available in Section 7 of Volume 1 of the Texas Family Law Practice Manual (3rd ed). Your County Law Library should carry this Manual. The librarian can help... View More
Is hiring a Private Investigators, Financial Forensics Svc, etc… the best way to go when you know your spouse is extremely SHADY (narcissist traits). Focus on finances discovery…
answered on Nov 10, 2022
In my experience, the most common ways are for the spouse to use the business entity to purchase and own assets which are unrelated to any legitimate business purpose of the entity and for the spouse to cause the business entity to retain earnings that the spouse is entitled to for providing... View More
I had a judge sign off on temporary orders on Friday. But they are not fair or just. They were written by my husbands attorney since I do not have one.
answered on Nov 7, 2022
If the temporary orders were made by an Associate Judge, you should file a proper and timely objection to the specific parts of the order which with you disagree and promptly set it for hearing before the district judge.
Ex’s name in divorce decree is (using initials only) JAF instead of JIF.
answered on Nov 21, 2022
Have your lawyer correct this. It may cause you issues in the future, The good news is you are divorced.
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