Get free answers to your Divorce legal questions from lawyers in your area.
What actions can I take to get my portion of the money due to me so I can buy my own home for me and our kids that I have custody over?
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answered on Nov 8, 2023
File a motion for contempt of court. This is a legal proceeding that asks the court to hold your ex-spouse in contempt for violating the terms of your divorce decree. If the court finds your ex-spouse in contempt, it can order them to pay fines, jail time, or both.
File a motion to enforce... View More 
My husband wants to proceed. what does he have to do that divorce happens and what do I tell the court if or when they give us the court date
answered on Nov 7, 2023
Each and every divorce case is different depending on whether children are involved, what assets the spouses have, what debts they owe, whether spousal support is available, etc. In many instances, it also depends on the county, and sometimes the particular court, where your case is pending.... View More
Bank says I’m responsible now is the house 100% mine again ? She never legally got it switched into just her name …
answered on Nov 2, 2023
If the house was awarded to your ex-wife in your divorce decree, the house will only pass to you if she left it to you in a will executed after your divorce case. Otherwise, it will pass through the intestate laws to her children or her siblings, etc.
Your divorce decree should indicate... View More
She left him very abruptly and she ended it horribly with not a lot of questions answered. No sit down and discussion about why or anything. Just kicked him out and then cut him off completely. And well my brother being heartbroken and in so much emotional pain wanted answers and explanations.... View More
answered on Nov 1, 2023
I am not sure of your exact question, but if a protective order has been issued your brother must stay away or risk going to prison. He needs to talk with a criminal defense attorney and a divorce attorney. Good luck.
He filed for divorce as he been threatening me and abusing me mentally and financially, I reached out to the base to help me as I have a daughter and I can’t work without green card, first he wanted me to sign the proxy divorce I never sign, then I filed for child support after receiving child... View More
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answered on Oct 22, 2023
I'm sorry to hear about your situation. In circumstances involving abuse, you might be eligible to self-petition for a green card under the Violence Against Women Act (VAWA). This allows victims of abuse by a U.S. citizen or permanent resident spouse to seek legal status without relying on the... View More
I don't know where she is at if she us in America already she won't tell me or give me an address to send papers to her she continues to lie to me and I don't want this marriage anymore but how can I do thus if I can't find her
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answered on Oct 22, 2023
I'm sorry to hear about your situation.
If you cannot locate your spouse, you might be able to proceed with a divorce by publication. This method involves publishing a notice in a local newspaper to inform your spouse of the divorce proceedings. Each state has its own requirements for... View More
The decree states, " Except as otherwise expressly provided in this Modified Expanded Standard
Possession Order, if a weekend period of possession by (the father)
begins on a student holiday or a teacher in-service day that falls on a Friday during
the regular school... View More
answered on Oct 13, 2023
Correct. The father picks the child up from school on Thursday when school is dismissed and retains possession until the end of his regular weekend possession, which is typically either when school resumes Monday morning or at 6:00 p.m. Sunday evening depending upon the terms of the order.
The father has designated the step-mother as a competent adult(although she is a convicted felon). Is she permitted to pick the children up from school if she has not been designated on the school access list? What steps do I take at the school for them not to release the children to her?
answered on Oct 13, 2023
No, the school will not allow anyone not on the school access list to pick up a child from school.
You, however, should do nothing. He has the right to designate any competent adult to pickup the child on his behalf. But it is incumbent on him to add stepmom to the school access list.... View More
I got laid off 2 weeks ago....I want to start a business (several months away from soliciting businesses) but I want to set up the infrastructure (form LLC, build website, etc.). Can I start on this while we wait for it to go final? I have a lot of time while I'm looking for a job, I'm a... View More
answered on Oct 19, 2023
Yes, you can begin the process of establishing an LLC during the final stages of your divorce, as long as these actions do not result in changes that establish ownership rights or confirm the existence of the LLC before the divorce is officially finalized. However, there are a couple of important... View More
And I couldn’t make a reply to that divorce to her attorney office and I have 30 days to reply to the divorce notice? And she published in her newspaper 3 different newspapers in her state with the wrong address and zip code of my and she got divorce and same day she got her divorce decree... View More
answered on Sep 30, 2023
If a court signed a divorce decree, your divorce is “real” and you have a limited time to file a motion for new trial, an appeal, a restricted appeal, or a bill of review. These can be legally technical and costly remedies and you need the services of a competent and experienced appellate... View More
Want to know if I can claim for his retirement benefits after the divorce?
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answered on Sep 22, 2023
In Texas, retirement benefits can be considered community property and may be subject to division between spouses during a divorce. However, the specifics of how these assets were allocated would typically be laid out in your divorce decree or separation agreement. If your divorce decree from 1994... View More
We currently have a divorce petition filed in Texas and a draft decree proposed. Both of us agree of the draft, however both of our lawyers are dragging the process out ( we believe for monetary gain) and we are wondering if we can file the DIY paperwork ourselves and if we have to wait another 60... View More
answered on Sep 20, 2023
Unless you have no children and no assets of any real value, it is never advisable to do a DIY divorce unless you have substantial legal experience in family law cases (for example, if you were a paralegal in a family law practice).
A typical agreed divorce can be completed for under... View More
My sister married me and my now ex 3 years ago, we did not have a ceremony and there were no witnesses. My ex and I have been separated for a year and I was wondering if a divorce was necessary if the legality is questionable?
answered on Sep 15, 2023
Yes, you would need to get a divorce. The lack of ordination of the officiant is not one of the reasons that renders a marriage void under Texas law.
LLC was formed with SOS a couple weeks before marriage, but capital investment ($1000) was made after wedding, with community funds. How would the LLC interest be classified in Texas family law?
answered on Sep 13, 2023
Although I doubt there is any caselaw on this precise question, my initial impression is that under the doctrine of inception of title, the LLC will most likely be characterized as separate property.
But an argument can be made it is community property if community funds were used as the... View More
Still paying on it
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answered on Sep 12, 2023
In Texas, the division of property in a divorce is governed by community property laws. Texas is a community property state, which means that generally, property acquired during the marriage is considered community property and is subject to division between the spouses in a divorce.... View More
answered on Sep 10, 2023
Either spouse has the legal right to file a petition for divorce with or without the consent of the other. Many Texas attorneys practice in the area of family law and have the knowledge and experience to competently handle divorce cases. You should hire one in or near the county where you reside.
I’ve known about small things here and there, but I recently realized that she has stolen thousands of dollars of stuff from work. Some of those items are drugs that she doesn’t have a prescription for, including some controlled substances. I have wanted to report her, but her and her family... View More
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answered on Sep 6, 2023
You should consult with an attorney more specifically about the situation in the area where you live.
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answered on Sep 1, 2023
In Texas, the division of assets during a divorce is generally guided by community property laws. Community property laws dictate that most property acquired during the marriage is considered community property and is subject to equitable distribution between the spouses upon divorce.... View More
I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More
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answered on Sep 1, 2023
Your ex wife does not have to have your permission unless that is spelled out specifically in the order. At the same time, you do not have to take him unless again that is specifically spelled out in the order. I would suggest a compromise especially if it is something important to your son and... View More
I asked to pick up the divorce pw from the server but instead was served at work almost a week later. She asked my first name and said "you've been served." I then was served at my house by a deputy the next week. Her paperwork was an incomplete petition for divorce without the court... View More
answered on Aug 30, 2023
Private process servers must complete an approved 7-hour course, submit an application, pay a fee, and pass a criminal background check.
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