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Texas Divorce Questions & Answers
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...
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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....
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1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: I cannot afford a lawyer,left a domestic situation last year my stbx just got a lawyer are there any pro bono available?
John Michael Frick
John Michael Frick
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

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I need a divorce attorney and have very limited funds, elderly on SS what are my options?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Divorce, Military Law and Family Law for Texas on
Q: Uncontested divorce in Texas (Ft Worth), are they charged at a standard rates or are there low cost options available?
James L. Arrasmith
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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

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Hello, I have a question, my ex-wife filed for divorce and asks for half of everything I have, (we don't have children)

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

T. Augustus Claus
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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

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Texas on
Q: I’m a survivor of dv (domestic violence) and I moved out of state to tx after finding out he came to the same state.
Carmen Rosita Rojo
Carmen Rosita Rojo
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.

1 Answer | Asked in Foreclosure, Domestic Violence, Divorce and Family Law for Texas on
Q: Exhusb got house in divorce, I'm domestic violence survivor. He was suppose to sell give $10,000 per divorce decree.

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?

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Divorce for Texas on
Q: what do i need to do to get the 401K information of a participant/respondent in a divorce case?

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

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Are the funds from the sale of inherited “personal” property sold during a marriage now joint or separate property?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Divorce for Texas on
Q: I have a petition for a divorce and want to find a pro bono attorney to help mediation

I need help with QDRO

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Divorce for Texas on
Q: If I got married in Alabama but I live in Texas can I get a divorce without going to Alabama
John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Divorce for Texas on
Q: Do i need to provide accounts numbers for assets and debts before the divorce petition?
John Michael Frick
John Michael Frick
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

1 Answer | Asked in Child Custody, Contracts and Divorce for Texas on
Q: Can my ex-husband demand a divorce in a child custody contract mediation? I remarried after 11 years divorced Feb. 2023.

Two children, 15 years and 13 years old.

John Michael Frick
John Michael Frick
answered on Nov 16, 2023

Your ex-husband can "demand" whatever he wants. Remember that a "demand" is simply want he wants. You are under no obligation to agree to anything in mediation. You can say "no."

2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Our 16 year old lives and works independently outside the home. Will my husband need to pay child support?
John Michael Frick
John Michael Frick
answered on Nov 14, 2023

In most circumstances, a parent can be required to pay child support until a child reaches eighteen years of age and thereafter until the child graduates from high school as long as the child remains enrolled in secondary school.

At age 17, if a child is financially independent, the child...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can I sue my ex husband for hiding $250,000 from me and the court when we divorced in 2001? His sister lied also.

In divorce court my ex husband and his sister both lied about an inheritance of $250,000. I am angry about it and want them to be held accountable. What can I do?

John Michael Frick
John Michael Frick
answered on Nov 13, 2023

An inheritance received by one spouse is that spouse's separate property. So, in a divorce proceeding, whatever inheritance your ex-husband received should have been confirmed as his separate property. You would not have had any claim to it.

In dividing your community property, the...
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2 Answers | Asked in Divorce and Family Law for Texas on
Q: I'm wanting my wife to move out but she won't we are not on a lease but I was here before she was and I pay the bill
T. Augustus Claus
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answered on Nov 10, 2023

you cannot force your spouse to move out of the marital home unless you have a court order granting you exclusive use of the home. This typically occurs during a temporary order hearing in a divorce process. If you and your spouse cannot agree on living arrangements, the judge will make the... View More

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