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 
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
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
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
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
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.
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
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
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
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
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
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.
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
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
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
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
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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
answered on Dec 26, 2023
Yes, there are a number of pro bono legal clinics throughout the State of Texas including in the Greater Houston area. Justia's listing for such pro bono services can be found at: https://www.justia.com/lawyers/texas/legal-aid-and-pro-bono-services
My wife and I have been separated for several years. She suddenly filed for divorce. I live on very limited amount of Social Security. I can't afford the full services of a divorce attorney. I do have a little money I have saved for a medical procedure. Can I hire an attorney to show me how to... View More
answered on Dec 22, 2023
There are pro bono legal aid clinics in North Texas, including North Texas Legal Aid.
If you expect a nice property settlement, there most likely are community assets that can be used to hire a reasonably experienced, competent family lawyer. The nature and extent of your property, and... View More
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answered on Dec 21, 2023
In Texas, the cost of an uncontested divorce can vary. While there is no standard rate for all uncontested divorces, many attorneys offer flat fees for these types of cases, especially when they are straightforward and the parties agree on all major issues. This flat fee can often be more... View More
Hello, I have a question, my ex-wife filed for divorce and asks for half of everything I have, (we don't have children) but in 2019 she left the house to go with her lover and took everything I had in it. the house and a car, which the police took from him and he spent 8 months in jail, how... View More
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answered on Dec 14, 2023
In Texas, the division of property in a divorce is guided by community property principles, meaning assets acquired during the marriage are generally subject to division. While there are exceptions for separate property like premarital assets, inheritance, or gifts, you must demonstrate these... View More
answered on Dec 13, 2023
You need to consult a family law attorney to determine the county you need to file, and whether you qualify for some type of protective order. You need to live in Texas at least 6 months to file the suit regarding your child.
He never did he made me sign quit claim said now I'm off loan. He lied to me to refinance. He died house in foreclosure. Can I do anything?
answered on Dec 11, 2023
If the statute of limitations has not expired, you can sue your ex-husband's estate for the $10,000 you were supposed to receive.
Whether the statute of limitations has expired depends on the language of your divorce decree. Typically, a decree will set a within which a spouse is... View More
the participant is the respondent in a divorce case and will not answer the divorce petition, subpoenas, or the attorney's phone calls. The attorney has reached out to the retirement provider, and they have said they can't give out any information without the participant's signature
answered on Dec 7, 2023
The entity that manages the 401K plan cannot release information without the plan participant's consent or a subpoena. Have your attorney send the entity a subpoena.
We live in Texas in a home that I Inherited from my parents after we were married. The home was not completely paid for but came to me with the mortgage. I continued to pay that mortgage after I inherited the house. In Texas property acquired by gift or descent is considered “personal”, not... View More
answered on Dec 7, 2023
Inherited personal property (for example, jewelry or furnishings) is separate property by definition. If sold, the cash proceeds of that sale remain separate property.
Inherited real property (for example, a home on land) is also separate property by definition. Just as with personal... View More
I need help with QDRO
answered on Dec 4, 2023
There are pro bono legal aid clinics in North Texas, including North Texas Legal Aid. If you need a QDRO, you most likely do not qualify for a pro bono attorney through any legal aid clinic.
answered on Nov 29, 2023
If you have lived in Texas for six months or longer, you now meet Texas' residency requirements and can file for divorce here.
answered on Nov 29, 2023
No but you will need to provide those in your sworn Inventory & Appraisement, along with copies of recent statements, after the petition is served on your spouse and he/she answers
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