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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Texas on
Q: How can I receive the money that was I was supposed to receive from my divorce decree if my ex spouse is now deceased?

My divorce was finalized in 2009 & he died on the 15th of November, 2024.

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

You need to file a claim against your ex-spouse's estate. You will need to give notice to whomever is appointed as the personal representative of your ex-spouse's estate. There is an order set forth in the Texas Estates Code for which debts get paid first.

While the statute is...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: House owned by wife. Married in 2009. Live in Texas. Married 16 years. Getting divorced.

I was a silent partner on a note refinance, signed paperwork (I am not on the deed). Replaced appliances, did interior upgrades, etc. Do I have 50% equity in the house?

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

It depends on whether the house is your wife's separate property or community property. If the house was bought by your wife before your marriage, it is her separate property. If the house was bought by your wife during your marriage, it is community property unless she used entirely her... View More

1 Answer | Asked in Divorce for Texas on
Q: How do I file a written answer if I live in another state

I live in Michigan she filed in Texas she wants spousal support I'm live on SS low income how do I file written answer to Lubbock county clerk for free I can't afford to go to Texas

John Michael Frick
John Michael Frick
answered on Nov 19, 2024

Court papers are filed electronically in Texas via https://www.efiletexas.gov/

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Why didn't I recieve my divorce court date letter in the mail or through any other way such as via e mail?

I was able to get served with the divorce papers at my parents house, but I wasn't able to recieve a letter stating my divorce court date?

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

The letter stating your court date should have been sent to the address in your written answer that you filed with the court. If you did not file a written answer with the court, you waived your right to notice of your court date.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I am needed advice on how to proceed with divorce?

I was married to this man for 22 years and he has moved out the house this morning, he is the sole provider of this household I don’t even share a bank account with him, to have access to any funds , I am worried I have a 17 year old son . We are divorcing due to infidelity and irreconcilable... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You should contact an attorney who practices in the area of law of divorce and/or family law in or near the county where you live. If you do not already have a bank account in your name, you should open one in your sole name. If you do not already have a credit card in your name, you should open... View More

1 Answer | Asked in Divorce for Texas on
Q: If I am awarded the marital property after my divorce is finalized, does my current spouse have to move out?
John Michael Frick
John Michael Frick
answered on Dec 4, 2024

No. If you are awarded 100% ownership of the marital property, you can allow your spouse to continue to live there if you choose. They are not legally required to move out simply by virtue of you being awarded the property. It then becomes up to you.

1 Answer | Asked in Divorce for Texas on
Q: I was married n Arkansas and I wanted to gt a divorce , do I need to go back to Arkansas or can I get a divorce n Laredo

I’m from Monterrey Mx. I have a visa ,got married in Arkansas, and now I want a divorce but he won’t give me a divorce.

John Michael Frick
John Michael Frick
answered on Nov 6, 2024

As long as you (or he) has been a domiciliary of Texas for the preceding six months and a resident of Webb County for the preceding 90 days, you can file a petition for divorce in Laredo.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Am I entitled to half of the equity in my house if my name is not on the loan or the deed in a divorce?
John Michael Frick
John Michael Frick
answered on Oct 25, 2024

If your house is community property, the court will include it in the "just and right division" of your marital estate regardless of whose name is on the loan or deed. The phrasing you use "entitled to half of the equity" is not precisely correct. You are "entitled"... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I have an Uncontested hearing for “Statement of Inability to Afford Payment of Court Costs”

I need help, I have no clue what to bring they just said I have this hearing. My child has Medicaid but I never knew he had Medicaid until after I filed for the divorce. What do I bring?

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

You should bring documentary proof that your child receives Medicaid benefits. If you or your child receive any other needs-tested government benefits, bring documentary proof.

If not, it may be useful to bring your most recent tax return, paycheck stubs, and bank account statements if...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: How can I drive the family car when my wife won’t let me as we are about to get divorced

The car is in my wife name but was bought while we were married. No paperwork has been filed for divorce yet but she took the extra keys and will not allow me to use the car to go to work (delivery job) so I can not make money. I just need the car when she is not working and she will not agree.... View More

John Michael Frick
John Michael Frick
answered on Oct 16, 2024

Locate the keys, take them, get in the car, and drive it. Since the car is community property--and no doubt you are listed as an authorized driver on the commercial automobile liability insurance because you are a delivery driver--she cannot legally exclude you from using the car without a court... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Can a divorce decree recorded with the county serve as valid title transfer in Texas, or must a deed follow for owner?

Could a divorce decree in Texas be legally recognized as a sufficient transfer of title, similar to a deed, if it is recorded with the county? If not, what specific legal requirements or steps are necessary to convert a divorce decree into valid title ownership? For my adverse possession claim, I... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

Your questions are complicated and hard to answer without seeing your Divorce Decree, and other deeds and filings on the property, prior to your Decree.

The short answer: No. A divorce decree does not transfer ownership or title to land. You need to get your ex to execute a deed, or you...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Can a court order prevent me from bringing someone with me, who I am dating, to my children's activities?

Never has there been any sort of incident where someone accompanying me has caused a scene or issue. The only issue would be my ex wife being pissed off, and her attorney having too cozy of a relationship with the judge. This "issue" was never previously discussed in any litigation. This... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Yes, a court order can theoretically do that. Since you mention a "decision letter," that suggests you had a contested custody battle with your ex-wife. It would be surprising in post-divorce custody litigation for such an order to be made without a very good reason established by the... View More

1 Answer | Asked in Divorce for Texas on
Q: How do I get a waver of citation foru devorce
John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Form 3-13 from the Texas Family Law Practice Manual (3d ed.)

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What do I do to finalize my divorce. It's already filed in Williamson county
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your spouse has been served, has waived citation, has answered, or has agreed to the terms of a decree of divorce.

If your spouse has not been served, you will need to request issuance of citation and make arrangements to have your spouse served. Or, in the...
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4 Answers | Asked in Divorce, Family Law and Immigration Law for Texas on
Q: I'm married, and I m working to settle in USA and get married with a woman an us citizen, can I do it without divorce 1

I have registered marriage in other country, and I don't want get divorce the first one.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 23, 2024

A marriage by a person without legal termination of a prior marriage will not be valid for immigration purposes

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1 Answer | Asked in Family Law and Divorce for Texas on
Q: My wife has held our marital home for 5 years now , unable to buy me out and refusing to sell. Fire no insurance

2020 I removed our daughter from the conditions she was living in and took her with me , asked for divorce . My wife was supposed to buy me out or sell the house we agreed in July that year , there was no question about our daughter going with me , and nothing to fight over in a divorce nor was I... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on several facts not mentioned in your question.

1. Did you get divorced?

2. If not, does your agreement comply with the Texas Family Code as an enforceable partition and exchange agreement?

3. If you did get divorced, does your decree award her the home as her...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas Divorce - Personal jurisdiction over non-resident spouse

I moved to TX about 8 months ago for a new job, so i am eligible to file here. spouse still lives/works in CT where we lived for 15 years and own a house. we have never lived in TX and do not own a property here. spouse is planning to visit TX for the first time ever. if he is served divorce papers... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Your question concerns what is called "tag". "tagging", or "transient" jurisdiction. One traditional way in which a court can acquire personal jurisdiction over a defendant is by personal service of process within the jurisdiction. "Tagging" raises the... View More

1 Answer | Asked in Divorce for Texas on
Q: How do you get spousal support while you wait for your divorce trial? We have been married 10 years
John Michael Frick
John Michael Frick
answered on Sep 5, 2024

File a motion for temporary orders requesting spousal support.

3 Answers | Asked in Divorce and Civil Rights for Texas on
Q: my soon to be ex hus somehow has gained access without consent to private info in my personal cell. Is this illegal?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

Hard to say if your Ex Husband's possession of your private info is illegal. The following questions would have to be answered first:

1. How did he get the Info?

2. What is the nature of the info?

3. Is he publishing the info? If so, to whom?

4. Can you show...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: What does it mean if a judge asks for final decree with prior order?

I’m working on my divorce with a child that was born during but not of marriage, my divorce was granted but she asked for final decree with prior order. What does that mean?

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

You need to submit a proposed Decree of Divorce containing the divorce and property division for the judge to sign, along with a certified copy of the prior order from the other case establishing the paternity of the child. The judge needs to confirm that no orders respecting that child need to be... View More

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