Your best option is to file for divorce and seek temporary orders. Bexar County has issued standing orders for divorce cases which would preclude your wife from removing the children from the State of Texas for purposes of changing their domicile. Without filing for divorce, your wife can move to... View More

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answered on Dec 8, 2024

Your concern about protecting your rights in this situation is valid, particularly since you weren't properly served with the divorce citation. Filing a TRO in Bankruptcy Court could indeed be appropriate to prevent your spouse from proceeding with property division before proper service and... View More

You are going to need identify the individuals and/or entities that scammed your husband and any assets they may own in the United States. It is going to be very hard to pursue any claims until you identify the perpetrators of the fraudulent scheme. If they are citizens of other nations like... View More

No, unless a court order clearly says otherwise, the NCP's refusal to provide his address does not justify denying the NCP possession of the children in accordance with the terms of your custody order. This falls into the category of "two wrongs don't make a right." I would... View More

Unless your divorce decree states that you do not have to release the children without the Father's address, you are required to follow the divorce decree and surrender to the children to Father at the time and place in your decree. Failure to do so could result him taking you to court for... View More

Yes, if you and your husband own real estate together, whether as community property or as part your and part his separate property, it will be necessary for you to sign a deed and other closing documents.

As community property, you and your husband should mutually instruct the closing... View More

You need to file a claim against your ex-spouse's estate. You will need to give notice to whomever is appointed as the personal representative of your ex-spouse's estate. There is an order set forth in the Texas Estates Code for which debts get paid first.

While the statute is... View More

It doesn't appear to be "malpractice." That being said, an attorney should take into consideration the legal naivete of a client and should fully inform the client about what to expect. A person who has never had experience with the legal system and does not watch television or... View More

It depends on whether the house is your wife's separate property or community property. If the house was bought by your wife before your marriage, it is her separate property. If the house was bought by your wife during your marriage, it is community property unless she used entirely her... View More

You should contact an attorney who practices in the area of law of divorce and/or family law in or near the county where you live. If you do not already have a bank account in your name, you should open one in your sole name. If you do not already have a credit card in your name, you should open... View More

If your house is community property, the court will include it in the "just and right division" of your marital estate regardless of whose name is on the loan or deed. The phrasing you use "entitled to half of the equity" is not precisely correct. You are "entitled"... View More

Locate the keys, take them, get in the car, and drive it. Since the car is community property--and no doubt you are listed as an authorized driver on the commercial automobile liability insurance because you are a delivery driver--she cannot legally exclude you from using the car without a court... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

Your questions are complicated and hard to answer without seeing your Divorce Decree, and other deeds and filings on the property, prior to your Decree.

The short answer: No. A divorce decree does not transfer ownership or title to land. You need to get your ex to execute a deed, or you... View More

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

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... View More

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... View More

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

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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... View More

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

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... View More