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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Can a court order prevent me from bringing someone with me, who I am dating, to my children's activities?

Never has there been any sort of incident where someone accompanying me has caused a scene or issue. The only issue would be my ex wife being pissed off, and her attorney having too cozy of a relationship with the judge. This "issue" was never previously discussed in any litigation. This... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Yes, a court order can theoretically do that. Since you mention a "decision letter," that suggests you had a contested custody battle with your ex-wife. It would be surprising in post-divorce custody litigation for such an order to be made without a very good reason established by the... View More

1 Answer | Asked in Family Law and Divorce for Texas on
Q: My wife has held our marital home for 5 years now , unable to buy me out and refusing to sell. Fire no insurance

2020 I removed our daughter from the conditions she was living in and took her with me , asked for divorce . My wife was supposed to buy me out or sell the house we agreed in July that year , there was no question about our daughter going with me , and nothing to fight over in a divorce nor was I... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on several facts not mentioned in your question.

1. Did you get divorced?

2. If not, does your agreement comply with the Texas Family Code as an enforceable partition and exchange agreement?

3. If you did get divorced, does your decree award her the home as her...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What do I do to finalize my divorce. It's already filed in Williamson county
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your spouse has been served, has waived citation, has answered, or has agreed to the terms of a decree of divorce.

If your spouse has not been served, you will need to request issuance of citation and make arrangements to have your spouse served. Or, in the...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas Divorce - Personal jurisdiction over non-resident spouse

I moved to TX about 8 months ago for a new job, so i am eligible to file here. spouse still lives/works in CT where we lived for 15 years and own a house. we have never lived in TX and do not own a property here. spouse is planning to visit TX for the first time ever. if he is served divorce papers... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Your question concerns what is called "tag". "tagging", or "transient" jurisdiction. One traditional way in which a court can acquire personal jurisdiction over a defendant is by personal service of process within the jurisdiction. "Tagging" raises the... View More

3 Answers | Asked in Divorce and Civil Rights for Texas on
Q: my soon to be ex hus somehow has gained access without consent to private info in my personal cell. Is this illegal?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

Hard to say if your Ex Husband's possession of your private info is illegal. The following questions would have to be answered first:

1. How did he get the Info?

2. What is the nature of the info?

3. Is he publishing the info? If so, to whom?

4. Can you show...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: What does it mean if a judge asks for final decree with prior order?

I’m working on my divorce with a child that was born during but not of marriage, my divorce was granted but she asked for final decree with prior order. What does that mean?

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

You need to submit a proposed Decree of Divorce containing the divorce and property division for the judge to sign, along with a certified copy of the prior order from the other case establishing the paternity of the child. The judge needs to confirm that no orders respecting that child need to be... View More

1 Answer | Asked in Divorce for Texas on
Q: good morning.. i ave been served divorce papers as well as a restraining order.. i ned to find out when ACTUAL court

court date is..as well as the scope of the restraining order.. from what i read i am NOT to have ANY contact w/ex-spouse..?? inhave NOT & Won't.. but he has sent me an email, explaining he WANTS me out of the house by September 15, 2024? a little over 3wks!! i hav NOT Been able to find... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

First, you need to hire an attorney who handles divorce cases in Tarrant County.

Since a restraining order was included with the citation served upon you, it will show a court date for a hearing for 'temporary orders" in your divorce case. This is almost always within two weeks...
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1 Answer | Asked in Divorce for Texas on
Q: Who does the wedding ring belonged to in case of a divorce?Does it go back to the man
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

In most circumstances, weddings rings are gifts that belong to the recipient as his or her separate property.

In rare circumstances involving family heirlooms, an argument can be made that they are conditional upon the continuation of the marriage.

1 Answer | Asked in Family Law and Divorce for Texas on
Q: my husband married another woman in another country would this invalidate the marriage and be considered bigamy?

my husband went to another country and married woman. I have proof of the ceremony. we were married in 2012 and he was remarried in 2023.

Brendin Miguez
Brendin Miguez
answered on Aug 16, 2024

Under Texas law, if your husband marries another woman while still being married to you, this is considered bigamy. Bigamy is illegal in Texas and constitutes a criminal offense under the Texas Penal Code § 25.01.

To answer your specific question:

Bigamy: If your husband is legally...
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1 Answer | Asked in Divorce for Texas on
Q: Can my ex wife's attorney block the signing of the title to a vehicle that was awarded to me?
John Michael Frick
John Michael Frick
answered on Aug 13, 2024

Not successfully if your attorney included the normal provision in your final decree of divorce that requires your ex-wife to sign a power of attorney to transfer motor vehicle title.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What are my options for a divorce?

My children are 11, 15, and 18 years old. My 18-year-old has autism, so he will continue living with me. I want my younger two to stay with me because their father is always working and can't be available to meet their needs. My husband has arranged for me to stay home and take care of the... View More

Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

If you were to file for divorce, you could ask for temporary spousal support to help pay bills similar to what is going on now. I am not sure how long you have been married, so I am not sure if spousal maintenance after the divorce is on the table. If you have been married longer than 10 years,... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I really need a lawyer to review the divorce paperwork my husband dropped off before signing. How much does it cost?

We don't have assets just children. I just want to make sure I know what I'm signing. Also, he is asking for joint custody and I would prefer sole custody with visitation.

Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

Some attorneys will review the paperwork for an hourly fee. However, that would only be worth it if you agreed to the terms. If you do not agree to the terms, you would have to take your case before a judge to decide. That will cost substantially more money.

1 Answer | Asked in Divorce, Child Support and Family Law for Texas on
Q: Should I file to pay child support even though were not divorced yet and she's not allowing my to see the children..
Christopher Michael Schmiedeke
PREMIUM
Christopher Michael Schmiedeke
answered on Aug 13, 2024

Even though you are married, you can file what is called a Suit Affecting Parent-Child Relationship (SAPCR), without filing for divorce. In that suit, the court can order visitation as well as child support and decision-making rights. If you do not have the funds for this, you can ask the... View More

2 Answers | Asked in Divorce for Texas on
Q: Can I use liquid paper or tape on original petition for divorce or do I need to redo the whole page?
John Michael Frick
John Michael Frick
answered on Aug 7, 2024

Because court documents are electronically filed, you should probably just edit the source document before submitting it electronically for filing. You may encounter difficulty with the court clerks trying to file a paper petition with liquid paper or tape on it.

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can my mother get her SS from her & soon to be ex husbands joint bank account?

Theyve been married for over 40 years, and has had an joint bank account. Since she started getting SS he has been putting it into that joint account. With a possible divorce brewing, we were wondering if she would be able to get her SS from him? plus possibly alimony (in TX) , and her 50 / 50? Hes... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

I recommend that she open a new bank account at a different bank in her sole name and notify SSA to send her SS payments to the new account.

If she lacks the ability to work and earn sufficient income to provide for her reasonable minimum needs, she may be able to get an award of spousal...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: in 2015 i was never served to go to divorce court. i have evidence to prove they never served.

it has caused me legal issues, and financial burdens with no legal merit, evidence of income, or any other burdens of proof.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If a divorce was granted without proper service of process, you have only four years from the date of the divorce decree to file what is called a bill of review to challenge the decree. Particularly when you mention things like child custody and child support, most people would learn of the... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My spouse filed an answer and majority of their answer they lied and also had a child during our marriage.

We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: We have both agreed to divorcing. Only tie to each other, other than marriage, is our mortgage that we are both on.

My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: In a divorce are you entitled to only half the amount paid in on the mortgage ?? Or is appreciation or value now

Or current value when sold

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

In a divorce, neither spouse is automatically entitled to any part of money paid in on a mortgage.

With respect to real property acquired by a spouse during the marriage, the property will likely be determined to be the community property of the spouses and will be subject to a "just...
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas on
Q: Am I able to sue my c.l.husband, his dad, his friends for stealing , trashing and ruining my belongings while I was out

Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.

You don't mention exactly...
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