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I'm in the process of selling a property after a divorce. The divorce decree clearly states that I have no debt, yet there is a HELOC loan taken jointly by my ex-spouse and me. Am I responsible for the HELOC loan repayment during the sale of the property considering the terms of the divorce decree?
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answered on Mar 21, 2025
Under Texas law, your divorce decree may state that you are not responsible for any debts, but lenders are not bound by divorce decrees—they are only bound by the original loan agreement. If you signed the HELOC (Home Equity Line of Credit) jointly, the lender can still hold you personally... View More 
I have been separated from my husband for 7 years with no formal proceedings initiated. I am seeking advice on how to receive a portion of his pension. We do not have any existing agreements regarding property or the pension. Can you help me understand what steps I need to take?
answered on Mar 20, 2025
If you do not wish to divorce, you can enter into a partition and exchange agreement with your husband agreeing that he will pay to you as your sole and separate property a portion of his pension benefits upon receiving them and imposing a constructive trust on those benefits he receives to the... View More
I have been separated from my husband for 7 years with no formal proceedings initiated. I am seeking advice on how to receive a portion of his pension. We do not have any existing agreements regarding property or the pension. Can you help me understand what steps I need to take?
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answered on Mar 20, 2025
Under Texas law, community property rules apply to pensions earned during the marriage. Since you are still legally married, you may have a claim to a portion of your husband's pension accrued during the marriage. To pursue this, you will need to file for divorce and seek a division of marital... View More
Following my parents' divorce, it was stipulated in the divorce papers that I would receive a 1/4 interest in anything my father received from the Harber estate. My father, who had inherited a trust alongside his sister, has since passed away, as has his wife. I have the divorce paperwork, but... View More
answered on Mar 19, 2025
You should probate your father's Will. In accordance with the divorce decree, he should have left you the 1/4 interest you are entitled to in his Will. If you cannot locate your father's Will, you can still probate your father's estate as one of his heirs at law and argue that you... View More
I filed for divorce, and it is currently pending in court. My husband, who has two indictments for domestic violence, initially took most of the household items with police assistance, leaving only the basic furniture. Later, I was informed by dispatch that he would return with two officers to... View More
answered on Mar 15, 2025
No, police do not have the authority to allow your husband to take your firearms and personal property. They are only authorized to do a “civil standby” to prevent violence when your spouse is removing firearms and personal property he claims as his.
In your pending divorce case, you... View More
My divorce was finalized in December 2023, and I was served with temporary orders in September 2024. Today, I discovered my ex-husband made medical decisions, specifically vaccinating our children, without informing me. We have 50/50 conservatorship, and the temporary orders state that the children... View More
answered on Mar 13, 2025
Ordinarily, during a parent’s time of possession, that parent can independently make medical decisions for the child which do not require invasive procedures like surgery. So either parent can consent for a child to vaccinations during that parent’s time of possession.
The exception is... View More
I married my ex-husband almost seven years ago, and we are currently separated as I have filed for divorce. After assisting him with applying for a green card, he recently received a 10-year green card and came to the U.S., only to leave me within a week. Since I sponsored him, I would like to know... View More
answered on Mar 8, 2025
OK, if your husband has obtained the 10 year permanent green card, it is going to be almost impossible to have that revoked or re-adjudicated. You can write a letter to ice or Uscis and explain the circumstances and they may revisit the case. But the bottom line it is going to be a very remote... View More
I'm in the process of a divorce, and my spouse, who has a documented history of covert narcissistic abuse, has served me divorce papers three times but hasn't followed up with the court. My psychiatrist has documented my spouse's mental abuse. I am concerned that my spouse, who has a... View More
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answered on Mar 7, 2025
You can take control of the divorce process by filing for divorce yourself or filing a counterpetition if your spouse’s petition is still open. This allows you to move the case forward instead of waiting on your spouse. Hiring an attorney who will push the case forward can also help prevent... View More
I am in Texas, and my mother-in-law gifted a house to my wife and me because she didn't want to pay property tax, and I am exempt. Both my wife and I are on the deed, and I have renovated the flooring and painted the entire house. Although my wife has not made any financial contributions... View More
answered on Feb 28, 2025
It depends. Everything is presumed to be community property unless there is clear and convincing evidence that the property is separate. If she alleges it's her SP, then she has to prove it. Your spouse would have to prove that the gift was only to her and not to you both. If the judge... View More
I filed for divorce in Williamson County while my husband was in jail, but he was never served, so the divorce was never finalized. My husband is no longer in jail, and I have been able to contact him on Facebook. He is willing to give me the divorce. I just don't know what steps to take next... View More
answered on Feb 27, 2025
Filing for divorce in Texas involves several key steps, each requiring careful attention to legal procedures and deadlines. The process begins when one spouse, known as the petitioner, files an Original Petition for Divorce with the district court in the county where either spouse has lived for at... View More
I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.
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answered on Feb 26, 2025
You can absolutely move forward with finalizing your divorce and addressing custody in Texas, even though your husband was deported in 2019.
If he was properly served before deportation and has not responded, you may be able to proceed with a default judgment if all legal requirements have... View More
I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.
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answered on Feb 26, 2025
Since your husband was deported to Mexico in 2019, you can still proceed with finalizing your divorce and addressing custody issues in Texas.
If all necessary steps (service of process, waiting period, etc.) have been completed, you can request a final hearing to finalize the divorce. If... View More
I have been married for 16 years and separated for 4 years from my husband, who is an illegal alien without a green card. I'm an American citizen, and I'm seeking spousal support. He was the primary provider, but he cheated on me and left. Since then, I've been hospitalized for... View More
answered on Feb 26, 2025
Since you have been married for more than ten years, you may qualify for support IF you can prove that you lack the financial means to provide for your minimal, reasonable basic needs.
If you request spousal support, the court will consider various factors, including your financial... View More
I live in Texas, and my wife has filed for divorce after I was unfaithful with her best friend, who is now my paramour. My wife insists that my paramour have no contact with our 2-year-old daughter; however, my daughter is familiar with her, and they have had playdates with her daughter. Currently,... View More
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answered on Feb 26, 2025
In Texas, since there is currently no court order restricting third-party contact, you legally have the right to introduce your daughter to your paramour during your parenting time. However, your wife may request temporary orders limiting contact if she believes it is not in your child’s best... View More
I am seeking spousal support. I was unable to have children naturally due to hormonal issues, but I underwent medical procedures to accommodate my spouse's desire for a child. We now have a one-year-old, and I have not worked for 20 months since becoming pregnant. I was a stay-at-home mom and... View More
answered on Feb 18, 2025
When you file for divorce, you should request temporary spousal support as part of your temporary orders. In order to increase your chances of receiving spousal support, you should continue to diligently pursue employment and keep track of such attempts. You should secure certified copies of your... View More
I have been married for 5 years and have custody of our only child. My spouse, who is employed, has moved out, and I am currently unemployed. We have not filed for divorce or legal separation yet, and we only have a verbal agreement with no prenuptial agreement in place. Do I qualify for spousal... View More
answered on Feb 18, 2025
Once a divorce petition is filed, the court may award temporary spousal support during the pendency of the case. There are many factors that the court could consider including the spouses’ education, work experience, any physical or mental limitations, access to assets, monthly... View More
I'm in Texas, and my divorce decree states that my child's father is allowed day visits, but he has not yet visited our child. Recently, his text messages have been manipulative and argumentative, affecting my mood; there are no explicit requirements regarding communication in the decree.... View More
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answered on Feb 16, 2025
You may request relief from the court by filing a motion outlining your child’s father’s behavior and asking that all communication between you be conducted through a court-monitored app, such as AppClose or Our Family Wizard. These platforms ensure that all messages are recorded and accessible... View More
answered on Feb 10, 2025
You should use the "Find a Lawyer" feature to search for an attorney with experience in both family law and appellate law. The State is divided into 14 court of appeals districts so each district contains several counties. It is not uncommon for attorneys in certain parts of the State... View More
How can I prove that we are common law married? As she now wants to sell the home we purchased in March of 2021 where me and my daughter are still living. My name is not on the title…my name is on the deed of trust. I do not want my daughter and I to be removed from our home. My ex has been gone... View More
answered on Feb 7, 2025
To prove a common law marriage, you need evidence of each of the following:
1. An agreement between the parties to be presently married (i.e. not to get married in the future);
2. Living together as husband and wife after that agreement;
3. Publicly holding each other out... View More
answered on Jan 21, 2025
It depends on where you reside at the time of your divorce but the following lawyer provides extremely inexpensive divorce representation: https://carringtonsmyth.com/divorce/uncontested-divorce/
It will be cheapest if the parties' marital estate is limited to personal property (like... View More
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