The delivery of a waiver is not formal service of process. You can use any method of delivery you want to send your spouse a waiver to sign. You must include a file-marked copy of the filed petition for divorce with the waiver.

If your spouse does not sign the waiver, you will have to... View More

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answered on Jul 9, 2025

It depends. If you get the judge to let you serve papers via U.S. Mail, then yes, but you will have to show the Court you have tried other methods of service, and then file a Motion for Alternative Service. And then you will have to follow the Order of the Court precisely.

My... View More

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answered on Jul 2, 2025

Yes you can but there are some complications. You will need to get him served. If you have no idea where he is, the Court may let you serve him through alternative means other than through personal service, but you would at least have to see if you can track him down. A good attorney should have... View More

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answered on Jul 2, 2025

Yes, you can file for divorce in Texas from a Canadian resident husband, as long as you meet the residency requirements. To file in Texas, you must have lived in the state for at least six months and in the county where you intend to file for at least 90 days.

Since you haven't seen... View More

It is possible. Every custody case depends on its own facts and circumstances. A history of assault charges, especially if they resulted in a conviction or the entry of a protective order, is certainly something that a court would consider in determining what is in the best interests of the... View More

Under Texas law, if you are listed as a parent on a child’s birth certificate AND have provided financial support, then you are presumed to be the father. Aside from that, any child born during your marriage is also your presumed child. This legal presumption applies regardless of biological... View More

If your ex-husband is failing to make spousal maintenance payments or threatening to stop them, you can file a Motion for Enforcement of Spousal Maintenance in the family court that issued your decree. The court can order him to pay arrears, issue a judgment against him, and, in some cases, hold... View More

You can see if you qualify for pro bono legal assistance at one of the many pro bono legal clinics in the State of Texas. Legally, you also can represent yourself; however, I would not recommend it. Unless you are thoroughly familiar with the legal process and what needs to be done, I do not... View More

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answered on Jun 13, 2025

That question is a bit difficult to answer without knowing all the facts as it relates to the Final Decree, Mediation, court proceedings, and what discovery was done.

If the retirement wasn't mentioned anywhere, then you can claim that it was an undisclosed and undivided asset that... View More

In Texas, JP courts have exclusive original jurisdiction over every eviction case. Even though the receiver was appointed by another court pursuant to its jurisdiction over matters arising from the Family Code, the receiver is required to file the eviction case in JP court.

At the eviction... View More

Even if your lender has previously denied you, there are many alternatives to foreclosure including a repayment plan, modification, or forbearance. A repayment plan lets you make payments over time. A modification changes the terms of the loan to something you can afford. A forbearance stops the... View More

Most lawyers only provide pro bono legal services through legal aid clinics. Such clinics have staff who can effectively screen applicants for indigency. The rules of procedure contain a provision which allows clients of legal aid clinics to be excused from paying court costs. Most legal aid... View More

It would be simple to amend the existing pleading. An amended pleading replaces the previous pleading. Your attorney should be able to accomplish this very quickly and inexpensively.

There are various legal aid organizations that provide pro bono assistance to indigent litigants, including Legal Aid of North West Texas. Almost all attorneys who provide pro bono assistance do so through legal aid clinics because they have staffs who can effectively screen applicants for... View More

Unless you previously lived somewhere else in Texas prior to January 2025, you will need to file for divorce in Tennessee.

Before filing for divorce in Texas, you must have been domiciled in Texas for at least six months and been a resident of the county for 90 days. Living in Midland... View More

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answered on May 29, 2025

If the divorce decree says the Party is entitled to a percentage or a certain amount of money from an IRA or a 401K, unless both parties agree that the paying party will pay cash instead of a transfer from the IRA or 401K, the party will receive the funds via transfer from the 401K or IRA. The... View More

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answered on May 28, 2025

If your husband obtained a divorce decree without your knowledge or participation, you may have grounds to challenge it. Under Texas law, you are entitled to notice of the lawsuit and an opportunity to respond. If you were never properly served or did not waive service in writing, the court may... View More

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answered on May 28, 2025

Your inheritance would be considered separate property, and had you bought a house with that money and not put it in your spouses name, it would more than likely have remained your separate property, but once you put the home and business in both of your names, the Court will more than likely... View More

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answered on May 25, 2025

The money you inherited was originally your separate property. But when you used it to buy a house and a business and then put both in your and your wife’s names, the law assumes you meant to give her half.

Because of that, the court will probably treat both the house and the business as... View More

It sounds like this is a contractual alimony payment as opposed to court-ordered spousal maintenance given the duration.

You should send a demand letter first, and then file a lawsuit for the $1,500 + interest at the rate of 6% per annum. Given the small amount, it will not be cost... View More