Get free answers to your Divorce legal questions from lawyers in your area.
In Texas, my spouse and I have agreed to have as amicable a divorce as possible. I'm just beginning to fill out the paperwork and I'm now curious as to whether I need to declare a property I own in my home country of Turkey which, despite being bought during the marriage, was purchased... View More 
answered on Aug 27, 2023
As part of the marital estate, you will want to ensure that your divorce decree confirms it as your separate property to avoid future problems.
inherit the property when she passed away so she made me a beneficiary of her life insurance policy and she told me to pay off the home with what money that was left over and set up a trust that transferred the home in my name when she passes away. My mother passed away after I got married. Will... View More
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answered on Aug 24, 2023
In Texas inherited property is separate property. If the property is in Oklahoma where did your mother pass away because that could change things if the laws in that state are different. The separate nature of the property can also be affected if it was comingled with community property. I could... View More
I bought half an acre while married to an ex and in a relationship with my new girl.
i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More
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answered on Aug 23, 2023
This question is not specific enough for a yes or no answer but I would offer that you could not have been married to the girlfriend while still married to the ex wife. (I would be interested to know if you received the property in your divorce from her?) So even if a court found common law... View More
My wife filed but I still haven't been served for some reason. Just not sure when the the time line
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answered on Aug 21, 2023
In Texas, the 60-day waiting period typically begins on the date when the original divorce petition is filed with the court, regardless of when you are personally served with the divorce papers. Therefore, if your wife filed for divorce on August 2nd, the 60-day waiting period would generally... View More
there is no children in common. any way I can speed the process and no press changes?
answered on Aug 21, 2023
There are very few exceptions to the mandatory 60-day waiting period and your question does not mention any facts likely to support such a waiver.
The most effective way to expedite the process is to make sure a competent experienced attorney prepares an agreed decree of divorce and for... View More
Protective order and gps monitor to prevent him from coming to his house. He said he filed for divorce but I have not been served. I'm looking for affordable legal help as I haven't worked in 3 years and finally start a job tomorrow.
answered on Aug 28, 2023
I am not sure of you exact question, but call the local Bar Association if you need legal representation and cannot it. Good luck.
My partner and I are planning to get married at the courthouse before the baby is born in February. No cheating involved; my ex and I have been long-term separated/agreed to divorce so there is absolutely no question of paternity, we only delayed filing til recently because we were figuring out... View More
answered on Aug 9, 2023
In the State of Texas, a child born during a marriage is presumed to be the child of the husband (even if it is not). In your Final Decree of Divorce, you must state whether there were any minor children born or adopted during the marriage. Additionally, when you finalize the divorce, the Wife... View More
I am disabled, have many health issues covid related(coma 2021) then fell and broke my hip 2022. Have long covid and stay in pain. Need the other hip replaced. My covid got so bad because my husband did not take me to hospital until was almost dead. I did not even know my name and went into a coma... View More
answered on Jul 30, 2023
Legal Help: The complexity of your situation warrants the help of a legal professional. I highly recommend you to consult a family law attorney as soon as possible. They can help you navigate through the divorce process, if that's the path you choose to take, and ensure your rights and... View More
My ex-husband refuses to pay the child support that we agreed to in divorce (has previously sent some money when he feels like it but it was never through proper child support routes, and he decides when and if he sends the money, and he is around $20,000 behind over the last 6 years)... and he is... View More
answered on Jul 25, 2023
If Father is not paying child support as court ordered, then you would need to file an enforcement/contempt action against him and take him to court for nonpayment of child support. If held in contempt, the Judge could sentence him to jail time.
If there is not a law against a child that... View More
I requested "Relevant Documents" with my Initial Disclosures.
While waiting 7 extra weeks for his Initial Disclosures, (He has an attorney) I found one of those related documents. It arrived soon after he filed his petition. I thought it was mine. When I saw it was his, I put it... View More
answered on Jul 18, 2023
You should not have any trouble using the document at the hearing since you disclosed it, even if he didn't. You will have to lay a proper predicate authenticating the document if he objects on that ground.
A Texas judge signed a final decree in 2023, ending the community property portion as of 2019, the date of separation. The decree calculated and divided the servicemember's High 3 and years of service as if the marriage had ended in 2019. Post trial, the judge writes a letter denying that this... View More
answered on Jul 17, 2023
The community portion of military retirement pay is that portion which accrues during the existence of the marriage, i.e. from the date of marriage to the date of divorce. Any portion that accrued outside of the existence of the marriage is the servicemember's separate property.... View More
Unresponsive attorney. Meets default criteria, but court says I have to withdraw her from the case.
answered on Jul 12, 2023
You will need to instruct your attorney to file a motion to withdraw. Once an attorney has appeared on your behalf, you cannot file court papers on your own behalf in a civil case. Your attorney will have to file a motion to withdraw.
Alternatively, you can hire another, more responsive... View More
My Mother's hand was forced a long while ago to file marriage papers to help someone get citizenship by marriage. My parents have never been able to be legally married, and they want to do so now. However, I understand that bigamy is illegal in all 50 states. The guy in question hasn't... View More
answered on Jul 12, 2023
Probably your mother's best and cheapest solution is to divorce her husband and marry your father. It sounds like her husband has no incentive to contest the divorce.
She was manipulated by him and his family and dropped the charges. (He has been arrested for assault in the past for fights.) Now he is again having an affair and acting like he did then. He was just medically retired from Air Force. He stays home with three children (9, 7, and 3) while she works.... View More
answered on Jul 11, 2023
I am sorry this is happening to your family member.
If she is ready to file for divorce, but is not financially able to hire an attorney, she could contact legal aid in her county. As long as she meets the income requirements, they may be able to accept her case and provide legal... View More
My ex husband and I split after DV and the house is empty. He refuses to pay for it or sell it because per divorce I get $50,000. Now the mortgage company is suing me for the house. When I've been begging him to sell it instead of ruining my credit. He continues to refuse. What can I do
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answered on Jul 2, 2023
This question has divorce issues and real estate issues.
The first move is to review the divorce settlement order to see if there is any recourse you can take to sell the property or force a sale. If it is not written or prohibited, you can file a partition or other real estate lawsuit to... View More
My husband and I have been living together here in Texas now for 3 years. How can I turn the separation over to a divorce here in Texas?
answered on Jun 28, 2023
You can dismiss whatever family court proceeding is pending in Utah, and file a divorce action here in Texas.
My second wife was awarded 15.5% of my military retirement. I asked my lawyer to offer all the cash I had the time (roughly $27,000) to have it removed. Over the phone, my lawyer told me “she will have to find you, serve you, and be able to collect”. I took that as I did not need to notify her... View More
answered on Jun 20, 2023
Unless your divorce decree provides otherwise—and they typically don’t—you have no obligation to notify your ex-wife of your retirement.
And it is true that she will have to find you and serve you.
With respect to collecting, I’d be most concerned about a constructive trust... View More
Divorce was in a Texas court in November 2012. I had a lawyer, and my wife did not want to get one.
Under division of marital estate, “All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any... View More
answered on Jun 20, 2023
If no part of your military retirement was awarded to your wife, then the answer is no.
Your decree would have been clearer without the except clause at the end of the quoted sentence. Either you or your attorney should have caught that at the time and removed it.
1
What factors besides proper summon of court will a texan court take into consideration when hearing a foreign court judgement enforcement to collect compensation for a divested property decreed to own by an ex spouse in Houston Texas )?
2
How a texan court will reconcile a... View More
answered on Jun 19, 2023
1. The main consideration is whether the foreign court had jurisdiction over the subject matter and the parties. A secondary consideration is whether the foreign judgment violates public policy.
2. If the property is land located in Texas, only a Texas court likely has jurisdiction to... View More
We separated last year, filed for divorce and agreed to exchange belongings 3 months ago. The divorce is not final and she has no responded to the many emails I sent regarding her belongings.
Said belongings have been in storage at my mom's house for 3 years and she wants them gone.
answered on Jun 18, 2023
Ordinarily, disposing of marital assets during the pendency of a divorce violates standing orders of the court.
Because you have already agreed to exchange belongings and she has stopped responding to your communications, I would move all of her belongings into a self-storage unit, take... View More
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