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Texas Divorce Questions & Answers

1 Answer | Asked in Divorce, Estate Planning and Elder Law for Texas on

Q: Is spouse's Defined Benefit Pension part of QDRO? Even though spouse selected single life annuity & no death benefits?

Terry Lynn Garrett answered on Aug 22, 2019

What will go into the QDRO is a matter of negotiation.

1 Answer | Asked in Divorce, Estate Planning and Elder Law for Texas on

Q: Texas--Elderly parents retired & divorcing. Is wife entitled to husband's defined benefit pension plan?

Husband chose single life annuity monthly payments on his pension so he is currently receiving 100% pension payments. His pension will end at his death so wife will get nothing. Can wife claim part of his monthly pension payments when divorce is completed? Or can wife claim lump sum payment based... Read more »

Terry Lynn Garrett answered on Aug 22, 2019

The safest way to handle this may be to get a Qualified Domestic Relations Order as part of the divorce decree.

1 Answer | Asked in Divorce for Texas on

Q: I am wanting to file for Divorce in Texas we have 2 small children. My husband is not working, I have been the provider

My husband has health issues but is not considered disabled. Is there a possibility I would have to pay spousal support if so what is the most amount of time? Is there a possibility I would have to pay him the rest of his life? This is the one thing keeping me from filing i'm worried I would have... Read more »

Chad Zubi answered on Aug 16, 2019

The presumption is that spousal support is not warranted. If your husband can prove by clear and convincing evidence that after the division of community property and the confirmation of any separate property that he still cannot meet his minimum reasonable needs than there is a possibility that... Read more »

1 Answer | Asked in Divorce for Texas on

Q: can my husband kick me out of the house HE owns even though we were only married 5 months when he filed for divorce

his property is not marital property and is state of alabama.

Rahlita D. Thornton answered on Aug 12, 2019

If you’re residing in the state of Alabama then those laws more than likely apply. Consult with a divorce attorney near your residence for valid laws applicable.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on

Q: I am wanting to file for divorce and obtain a temporary custody order. Is this something I can file on my own?

I have two children and want to make sure they are protected but I need to get the ball rolling as soon as I can.

Rahlita D. Thornton answered on Aug 5, 2019

You could file it on you own. However, you sound like there is a serious need for attorney involvement because you state that your children need “protection”. 888-343-4529.

1 Answer | Asked in Divorce for Texas on

Q: need quick divorce..uncontested.. no property, no assets, no custody from spouse living in different state

My boyfriend and I want to get married but he is still legally married with someone he has been separated & living apart from for over 12 years and just never filed for divorce because he was incarcerated at the time and when released, could not afford an attorney. His ex has full custody of the... Read more »

Rahlita D. Thornton answered on Aug 4, 2019

If the wife signs a waiver it would make it a quicker process.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on

Q: Do I have to physically take my daughter back to her mother myself, or can I have my aunt take her.

My daughter is 9, her mother lives in kansas. Nothing in the divorce decree says anything about how she gets back as long as she gets back.

Rahlita D. Thornton answered on Jul 30, 2019

Read your order and see if it says a designated responsible adult can exchange.

2 Answers | Asked in Criminal Law and Divorce for Texas on

Q: Fugitive of Justice, class A misdemeanor

My partner has been deported from Europe to the States for overstaying his permit. At Jfk airport arrested because he missed his court date a year and half ago in Texas. He's been sent to a jail in NY and he will have to appear in court in two days. So it will make 6 days from his formal arrest.... Read more »

Grant St Julian III answered on Jul 24, 2019

You must contact an attorney in the location where the criminal case is pending. Good luck.

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1 Answer | Asked in Divorce and Family Law for Texas on

Q: Could we choose the previous marriage date if remarrying under common law after the divorce in Texas?

We were married overseas on July 08, 2007 and declared our marriage under the common law marriage as per Texas law on February 02, 2008.

we got divorced on September 16, 2015. After the divorce, we started living together as husband and wife again. Now, we want to declare, once again,... Read more »

Jon R. Boyd answered on Jul 24, 2019

Hi, interesting question and one I don't see every day!

No, you cannot go back to the previous date of marriage and nor would you want to, in my opinion.

Hope this helps. Thanks- Jon R Boyd

1 Answer | Asked in Divorce and Child Custody for Texas on

Q: What do I need to do if wife left house, took only 1 of 3 kids, refuses to bring her back, she living on a frien couch

4th time in 5 years she walks out, I work from home and very well established. we have boy 12, girl 8 and another girl 4 (which is the one she took with her) shes running a failing business. she is living on a friends couch and refuses to bring the 4 year old back home. can she legally separate... Read more »

Rahlita D. Thornton answered on Jul 20, 2019

The only way to address this is to file for divorce and request temporary orders. Good luck.

1 Answer | Asked in Divorce for Texas on

Q: My wife filed papers her self to divorce me. I have no problem with this however the vehicle she has in her possession

is financed and in my name. I would like the vehicle transferred to her name and have her responsibole for the balance due on the note since I due not have the vehicle. Do I need to hire a attorney to get this done?

Robert Allen Thornton answered on Jul 10, 2019

Your wife will have to agree to assume the note on the car. If refuses to cooperate, then you will need to call a temporary order hearing. In the hearing you will need to ask the judge to order her to assume the note if she is to keep the car. That will then need to reduce what the judge says to... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on

Q: Can I file on my own or should I hire an attorney?

My husband is incarcerated, we have 2 small children and he is now threatening me accusing me for him being incarcerated. Who/How can I talk to about obtaining legal & full custody of my kids as well as protection from him not knowing where we stay. I have police reports from abuse and violence... Read more »

Rahlita D. Thornton answered on Jul 9, 2019

You should hire an attorney especially since you are in fear of your safety. Good luck.

1 Answer | Asked in Divorce for Texas on

Q: Is there time limit in which i must be served by my spouse or a public servant from the day of filing in texas?

Rahlita D. Thornton answered on Jul 9, 2019

No there is no time limit on that.

1 Answer | Asked in Child Support and Divorce for Texas on

Q: My husband filed divorce. He wants me to fill out the forms. I don't know how too fill out the final decree

Or the child support form. I don't have the means for a lawyer

Homer P Jordan IV answered on Jul 8, 2019

You really need the assistance of an attorney, especially with children being involved. Many attorneys accept credit card payments, which helps make it easier to afford. If you can't afford an attorney, try calling the state bar to inquire about pro bono attorneys in your area. -Homer P. Jordan... Read more »

2 Answers | Asked in Child Support and Divorce for Texas on

Q: Husband filed divorce

I don't know how to fill out the child support forms or the final decree

Chad Zubi answered on Jul 8, 2019

Greetings,

If your husband has filed for divorce (and especially since you have children) I suggest that you obtain counsel to help you navigate the entire process. It is not just a matter of filling out forms. The divorce decree specifically, is a detailed document that is going to play...
Read more »

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1 Answer | Asked in Divorce and Military Law for Texas on

Q: How do I apply for and file for a divorce from my abusive husband. I'm in CA and afraid to go home in Lone Star, TX

He is at my home in Lone Star with the kids....His 3 biological. He is a VET and a very abusive alcoholic. He says if I come with my grown kids to move out, he's going to have his motorcycle brothers come when we come. I'm afraid for me and my children and his! I don't want any problems. It's my... Read more »

Paul E. Tennison answered on Jul 3, 2019

I recommend you call attorneys in/near the Lone Star, TX area and discuss your potential case with them. It is possible that you could file the divorce while you are still in California. You could likely pursue most of the divorce without ever traveling to Texas. You may also consider seeking an... Read more »

1 Answer | Asked in Divorce for Texas on

Q: Can we get a divorce in Texas and stay in different parts of the house .? It’s to expensive to set up a second househol

Rahlita D. Thornton answered on Jun 24, 2019

Yes you can file if you have plans to move to separate and their is no reasonable expectation of you ever reconciling because of your differences.

2 Answers | Asked in Divorce for Texas on

Q: Is refusing to comply with some divorce decree provisions cause to appeal the decree? Is J of P court an alternative?

Robert Allen Thornton answered on Jun 24, 2019

No to both questions. You have to enforce the decree in a district court. If it is a family district court, and the provision involves the children, you have to go back to the family court. If the provision resulted from an agreement that could be enforced as a contract you could file in a civil... Read more »

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1 Answer | Asked in Divorce for Texas on

Q: 50 in few months looking to divorce. No place to go and not much money at this time. What can i ask for?

Both want divorce but id like to file. Can i ask for some financial help from husband to get me out and on my feet?

Robert Allen Thornton answered on Jun 24, 2019

The short answer is yes. You can ask for some help while the case is pending for sure. Whether you could get spousal maintenance after the case is over, depends on your situation and how long you have been married. You would have to file the case and set a hearing for temporary orders. There,... Read more »

1 Answer | Asked in Divorce for Texas on

Q: I've lived in Bexar County for close to 2 years. If you are in Dallas, would you still be able to help me??

Robert Allen Thornton answered on Jun 19, 2019

I love San Antonio. Click on my profile and send me a message there and we'll see what we can do.

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