Lawyers, Answer Questions  & Get Points Log In
Texas Divorce Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: The other parent and I are married. We don’t have any custody order. The other parent keeps denying the child but…

took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband is planning to tank my credit.

My husband is leaving me, no divorce, just up and disappearing and has said he is going to ruin my credit. We have a mortgage and a car in both our names plus I have a car in just my name. I can not afford all three on my own plus other bills. I don’t even think I can afford the mortgage plus... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

Since both of your names are on these debts, you are both responsible for the obligations. If you believe that he will follow through with the threat, the best option for you is to file for divorce to minimize the damage to your credit.

In a divorce, if the house is community property, the...
View More

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce, Landlord - Tenant and Family Law for Texas on
Q: Need help with a complex divorce question involving false allegations, eviction attempts, and the removal from my home.

On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I...
View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: My wife left the last page of the divorce petition unsigned, where she was to send a certified copy to the OAG. Invalid?

She also claimed there was an active protective order against me, and waived the 60 day period. This is also incorrect. She was denied such an order yet still chose to lie and say that there had been family violence in our marriage. She also lied about an affidavit of inability to pay, which I can... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.

You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.

As for the affidavit of...
View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Why am I being asked to take a paternity test for child conceived last year, after being divorced for 7 years?

We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.

View More Answers

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Texas on
Q: I asked for a divorce from my emotionally abusive husband. How can I make it legal with no money?

Im not sure what my rights are or what to do next. I want this to happen soon. I’m afraid that I’ll get stuck here.

Todd B. Kotler
Todd B. Kotler
answered on Feb 7, 2024

Many courts allow you to file by also filing an affidavit of poverty (sometimes styled as a motion to waive fees or "in forma pauperis"). Se which of these your county's court requires by local rule. Good Luck.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: If ex-husband does not provide vehicle title to me as stated in divorce decree, can he be held responsible for my costs?

He states the vehicle title is lost. Sends picture of original title in his possession. Refuse to act to obtain a certified copy of the original and send it to me. I start the long process of need to get a Lien Release from the bank, a certified copy of Divorce Decree, apply for certified copy of... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

It would have been quicker and easier to simply have had your ex-husband sign a power of attorney to transfer motor vehicle title on the form provided by the DMV. This is routinely how title transfers due to divorce proceedings are accomplished. A typical divorce decree would have required this... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What are the requirements to meet Common Law Marriage in the state of Texas?
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

1. There must be an agreement between the parties to be married;

2. After the agreement, the parties must live together in Texas as spouses; and

3. The parties must represent to others in Texas that they are married.

Alternatively, the parties may file a written...
View More

1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: I received a harassment cease and desist letter from the police dept. Do they expire or have a statute of limitation?

Before my divorce, my then wife left me a note on my door one day telling me to no longer contact her for any reason. She blocked my email, phone number, and all social media accounts. One day, I sent a message to the only social media account she hadn’t blocked me from, one that she hadn’t... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

Sorry to hear your troubles.

While there is no real time limit on a cease and desist, letter from the police, you should take it seriously.

If you need to contact her for a legal reason, you should hire an attorney to do that. If you can not afford one, you should call the police...
View More

1 Answer | Asked in Divorce, Family Law, Business Law and Collections for Texas on
Q: Per decree indemnity clause am I entitled to be reimbursed legal & receivers fees paid to collect judgement ($200K)?

I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More

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

Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.

A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and...
View More

2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband bought our home before we met. A few years ago we refinanced in both of our names. Can he sell the house

He has filed for divorce but I haven't been served. Married 9 years in July. Again... My name is only on the refi

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

Most family courts in Texas issue standing orders when a divorce case is filed which prohibit both spouses from doing certain things during the pendency of the divorce case which usually includes selling a marital residence without prior court approval. Even though the home is his separate... View More

View More Answers

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Hello I am reaching out here to enable a divorce to end an 17 year marriage with a 13 year kid. Need some insight

We are a family of three with both of us earning within the IT industry. For the divorce to be done I need some insight on

1. Both of us earn almost equal from our employers with a 10% higher on my ends

2. Both have almost equal savings and retirement accounts

3. We have a... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

In a divorce, the court will make orders for the division of your community property that are "just and right." In most cases in which the parties own a community property marital residence with substantial equity, if the parties do not agree otherwise, the court will most likely either... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I have no clue where my spouse is. I’m trying to terminate parental rights and get a divorce.

The non-custodial parent is not in the picture we live in two different states and he only wants to be a family if I wanted to be with him. I have proof of no help, or wanting nothing to do with our child but, he’s been abusive to me and holding the marriage over my head. I don’t know where he... View More

Joshua Frank Andor
Joshua Frank Andor
answered on Jan 9, 2024

In Texas, if you are unable to locate your spouse, you can file for a divorce by publication. This involves legally notifying your spouse of the divorce proceedings through a notice published in a newspaper in the area where they were last known to reside. This method is used when all other... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: TX SPO xmas 2023: when nonprimary possession ends at 6pm before school, do children return to primary if first weekend?

I am primary; she is secondary, TX SPO. Her Christmas possession runs 12/28 noon to 6pm Sunday before school starts Monday. I am expecting them to return to me at 6pm Sunday. However she claims that since Sunday is within the first weekend of January, at 6pm Sunday we revert to normal weekend... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

If she ordinarily has possession on the 1st, 3rd, and 5th weekends until school resumes on Monday morning, she would retain possession of them at the end of the Xmas schedule until the end of her usual weekend possession on Monday morning.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I get a lawyer removed from my case if they’re retired and no longer practicing law but never withdrew?

The lawyer is no longer answering his phone or responding from emails. His information doesn’t show up on the Texas state bar website either so I have no way to reach him. This is the last thing I need to finish my divorce everything has been signed and filed but I can’t get it in front of a... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 29, 2023

I am sorry you're going through this. I would suggest that you print off all information that you have showing how you've tried to reach rhe attorney (i.e. screenshot of blank State Bar website page, screenshot of attorney's non-active webpage, etc., documented proof that you have... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I'm going to get married in Texas. But own a house in Puerto Rico. Should I still do a prenup?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 29, 2023

You could do a pre-nupnif you'd like, but it's not required if you're only doing to protect your interest in your house in Puerto Rico.

In Texas, and property owed prior to marriage is considered that spouses separate property. However, there are some actions that you MIGHT...
View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I moved from another state to Texas and still haven’t received support nor has the parent tried to see our child

Is there something I can file, or remove his parental right? He has another child and currently supporting that one without a court order and we are married (I’ve got nothing but 20 dollars from them) I’m a survivor of DV and I’m about to reach 6 months of residency what should I do? I’ve... View More

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

Assuming you have a court order for support of your child from the state you left, you can contact the local Office of the Attorney General and provide them with a copy of that court order and ask for their assistance in registering and enforcing your existing support order here in the State of... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Waive the 60 day divorce period?

Hello, I have a question in regarding to waiving the 60 day period. My spouse has been convicted of domestic violence and we have children together is there a time frame that he had to be convicted.

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

The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction. It only requires that the offense was committed against you or a member of your household. While the court has the authority to grant such a waiver, it is... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I have a question about money awarded to me in a divorce

Ex was in jail and his family sold the 2020 pickup the day after our first court hearing. Two years later at the final hearing I was awarded the truck or $67000. My lawyer refused to tell the judge the truck had been sold. My ex is still incarcerated. My lawyer also made me give the truck back to... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2023

If his family received the proceeds from the sale of the pickup truck, you may be able to ask the court to impose a constructive trust on those proceeds. You will need to identify the particular family member who sold the truck. This information can probably be obtained fairly easily from the... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Family Law for Texas on
Q: In Texas what would the charge be for a man leaving his partner at a house with no transportation, no heat, no electric

He went to jail for family assault with bodily injury to me and violation of probation and left me with nothing in a house that has no bathroom ceiling and no roof in garage that attaches to the bathroom. It's so called in here I have to stay in bed under 3 comforters and haven't eaten a... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

Before I answer your question, I believe you should file for divorce and in doing so, you should ask for immediate temporary support from your husband and for your legal fees.

There is no criminal charge regarding you, but if he has left your child, there may be a criminal charge....
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.