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Texas Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: What are my steps to help secure at least 50 50 custody of our 3 kids during divorce?

Neither one of us are unsafe around them. I just dont want to lose them if we end up getting divorced. What are my best options as the husband to help keep it even time?

Chad Zubi
Chad Zubi answered on Jan 18, 2021

One thing that courts consider when devising a parenting plan is how much each parent is involved with the children before the divorce, being a big part of the kids' life can have a big impact on the result of a child custody case.

That being said, the standard possession order is...
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1 Answer | Asked in Divorce for Texas on
Q: I need assistance with a divorce, but can not afford it, Iam 65 Years old,not working and I am receiving Pension
David Allan King
David Allan King answered on Jan 16, 2021

Attorneys do not generally provide pro bono services for divorces. However, there are many DIY self-service type options. For example, I charge $10 on Fiverr to prepare all of the divorce filing paperwork. It prepares the documents in an automated fashion without custom legal advice and you still... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: Property after divorce with no quitclaim deed. What are my options?

My divorce decree says the ownership of a condo that is considered community property was given to my ex wife but no quitclaim deed or title transfer was done. My name is the only one on the mortgage. Fast forward four years and she won’t transfer the property into her name or even communicate.... Read more »

Kelly Case
Kelly Case answered on Jan 13, 2021

First, this is probably not something you are going to handle without legal representation. You should hire a lawyer to assist you as this is likely to become very complex if the Original Orders and Decree did not specify the remedial action to be taken in this instance. Sounds like no lawyer was... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Hello,my ex wants me to get a dna to prove paternity and get me for child support

So she has a 10yr old girl who she says is mine,and now after all these years she want to get me to take a dna test.she has been with a guy that was there since she was pregnant until recently last year they broke up.they were together for 9 yrs or so but never married.the guy signed the birth... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 9, 2021

Depends. With the ex-boyfrien on the birth cerificate, there is a presumption he is the father; it is not conclusive evidence, but certainly compelling. Yhe amount of time that has transpired and the circumstances are a little suspect. Nevertheless, if you voluntarily submitted to a paternity test... Read more »

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: If I have someone that knows the date of marriage was falsified on my marriage license what can I do. I left my husband.

I know the date was falsified. My grandfather was the preacher but he passed away 4 years ago.

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 7, 2021

What is the problem with having an incorrect date of marriage on your license? Were you too young? What do you want to do? If you've left your husband and there's no reasonable expectation that you will get back together, sue him for divorce. If you think your marriage might be void or... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: I need to get a divorce I have lived in Texas for 5 years I am a domestic abuse victim from Minnesota I am on SSDI

I have CPTSD as a result of my 20 year marriage - I have worked for over 35 years and am now homeless - I have not worked since my breakdown and hospitalization 2016 - I see a therapist 2 c a week - I think I can cope with what is needed to finally get a divorce - I am not seeking anything he can... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 7, 2021

Try contacting Legal Aid here: https://www.trla.org/domestic-violence-family-law

If that is the wrong branch, ask them for a referral to the proper location based on where you live.

1 Answer | Asked in Divorce for Texas on
Q: Texas wife pays all bills and her husband name is only on title and not mortgage and we have one kid so wife keeps home
Teri A. Walter
Teri A. Walter answered on Jan 4, 2021

Sorry, there's no question here, only a statement.

If the house was bought during the marriage, it's presumably community property. If that's the case, it doesn't matter whose name is on the title or mortgage and regardless of who "pays the bills," the...
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1 Answer | Asked in Divorce for Texas on
Q: In divorce if I pay all bills and I am sole person on mortgage can I get house in divorce but he is in title
Chad Zubi
Chad Zubi answered on Jan 3, 2021

If the house was acquired during marriage then it is community property and is subject

to division, regardless of who is on the title or mortgage.

That being said, it could be that you keep the house and the debt that goes with it, but he gets more of something else that...
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1 Answer | Asked in Divorce for Texas on
Q: Wife wants a divorce, what do I need to do ?

Wife kicked me and my 8 year old out of the house . My son isn't her biological mother . I also have twins that are 9 month old . I need to find us an apartment but at the same time I need to support my 2 twins at home . She doesnt work and I'm the only one that works . I have heard that... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

How did she kick you out of your home? Only a court order can kick you out.

You are going to be ordered to pay child support for the twins assuming Mom has primary. Your child support will be reduced but not by much since you have a third child. If you are on the lease, the landlord can...
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1 Answer | Asked in Divorce for Texas on
Q: Hi !! I filed for divorce several months ago ! My husband is a very controlling, cruel man !! He & his lawyer received

Riule 194 Discovery first of November he had until TODAY to answer Needless to at he HAS not ! What will happen now !???! He thinks he’s so wealthy & powerful that this will all disappear ! I also NEVER sighted a prenup !

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

Failure to answer a 194 only limits what evidence he can present at trial. You need to serve other written discovery as well. When that isn't answered, then proceed with motion to compel. Best to retain an attorney to handle all this for you.

2 Answers | Asked in Divorce for Texas on
Q: What happens to my kids if I want to get a divorce?
Jane M. Gekhman
Jane M. Gekhman answered on Dec 31, 2020

If the children are under 18 years old, you will likely have one parent that the children live with and the other parent that they have visitations with. The decree will spell out each parent's rights regarding the children, times when each parents has the children, as well as child support... Read more »

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3 Answers | Asked in Divorce, Family Law and Immigration Law for Texas on
Q: What can I do? Divorce issue

I was married to wife A in Colombia in 2001. I filed for divorce there in Aug 2005, it was a very simple and quick divorce (my lawyer told me it would take no more than 6 months) and moved to US in 2005. I remarried wife B (no US citizen) in Colorado in June 2006. We (wife A and I) filed our... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Dec 29, 2020

Your question does not lend itself to an easy answer. Are you presently residing in Texas? In Texas, a Judge may pronounce a divorce as being granted on a certain date but not sign the Decree until several days or weeks later. The answer to your question may turn, in part, on whether a divorce... Read more »

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1 Answer | Asked in Divorce for Texas on
Q: How to get a divorce?

Got married at 18 & he's now 38. Can't find his wife. Haven't been in contact since he was about 19. They Married in Alabama but he now lives in Texas. What can we do?

Jane M. Gekhman
Jane M. Gekhman answered on Dec 22, 2020

Best to find a family law attorney that practices regularly in the county he lives in for assistance. Most likely he will have to provide notice of divorce to his spouse via publication. In other words, there is a way he can get a divorce even if he does not know where she lives.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: May I request that Tolling begin from the end date of my completion of intensive Cognitive Behavioral Therapy?

Emotionally distraught from witnessing the aggravated kidnapping of my children 3 mts prior, I did not have the mental capacity to give an accurate testimony regarding domestic violence that frequently occurred in my home. He knew what absconding with our children would do to my emotional... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 17, 2020

Tolling what? The protective order? The duration of a Family Violence Protective Order is set at the time of the original order and it is not possible to extend an order through the modification process. However, it is possible to extend a protective order if it expires while the respondent is... Read more »

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: my wife & I want to divorce. we have 2 boys 9 & 10 yrs. the wife have no Social security# she left USA 4 months ago.

we both agreed on the divorce terms , no properties , the children(who are U.S citizens ) will be in my custody and will live with me here in the USA , what is the easiest and fastest way to get the divorce (knowing that she is out of the country and can not re enter USA without a visa . what is... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Dec 15, 2020

Don’t need a social security number to get a divorce. Just file for divorce and have your wife sign the waiver of citation and agreed decree of divorce. Then prove it up. He attendance is not required. Even if a hearing is scheduled for any reason most are done by zoom now. If she is willing... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Can my wife and I get divorced on our own terms?

We have agreed on payment plans other then child support

John J. Pfister Jr.
John J. Pfister Jr. answered on Dec 15, 2020

You can try and many courts will sign any agreed order. However some will review an order to see if support ordered and may question the parents to determine if child is being provided for. The only way to force a court to accept your agreement is with a mediated settlement agreement.

2 Answers | Asked in Divorce for Texas on
Q: Me and my husband have been separated for over two years. If I buy any property will he have any claim to it?

He owned a home when we got married. If we divorce can he try to claim part of what I buy after we separated?

John J. Pfister Jr.
John J. Pfister Jr. answered on Dec 14, 2020

If you are still married, any property you acquire is still community property and he would have an interest in it.

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1 Answer | Asked in Divorce for Texas on
Q: In Texas, my husband gifted the deed to me (land and home) / purchased with separate funds. If we divorce. What now.

Even if some utility bills are paid together.

Teri A. Walter
Teri A. Walter answered on Dec 4, 2020

If you can prove that the property was a gift, then it's your separate property. However, in a divorce, all property acquired during the marriage is Presumed to be community property, so you'll have the burden of proof on that issue.

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: My wife moved to P.R. with my daughter violating the geographic restriction

I was arrested on Mother’s Day for domestic violence, my ex told the police I hurt my daughter. The case was no billed. July she moved to Puerto Rico while our divorce was pending. We got it finalized in August. She suppose to have brought my daughter back to the states so I filed for... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

Ask your family law attorney here in Texas if you should consult a family law attorney in Puerto Rico.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Finances during separation

My husband and I are separated. He is VERY ill and I'm helping here and there when I can. He has kept the home and all the debts that come with. Some are in my name. If he can't get them out of my name, I was told to just bring my decree to show he is responsible. With him being ill,... Read more »

Ty Czapla
Ty Czapla answered on Nov 18, 2020

If you have a debt that you are jointly responsible for, you are both responsible for it. The only way to change it is to get the lending institution to allow a change in responsible party. If he is not working and is very ill, that is not likely to happen. You could sign an agreement with him... Read more »

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