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Texas Divorce Questions & Answers
1 Answer | Asked in Immigration Law, Divorce and Family Law for Texas on
Q: 10yr GC holder. Applied 4 passport on 3yr marriage eligibility. Interview passed and oat ceremony soon. Saperated now!

Separation is not legal and against my will. What would be the consequences on the day of oat ceremony? Also, I have a 6 months old daughter for whom I am providing adequate support. I do not want to proceed with filing divorce yet. But the more I wait, I will lose my chances of primary custody.... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

In your situation, since you are soon to get sworn in as a US citizen, the fact that your wife has separated from you would not be of any consequence at this time. As long as you are still legally married, which it sounds like you are, you should be good to go for your naturalization. USCIS has... Read more »

1 Answer | Asked in Divorce for Texas on
Q: If me and someone own property together and the other person gets married, is their spouse entitled to any part of home?

We bought our home together and are both in the loan but we’re getting divorced but we decided to keep the property in both of our names anyway

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 23, 2022

The new spouse does not own any part of the house,

1 Answer | Asked in Divorce for Texas on
Q: My current divorce attorney agreed to a continuance from opposing counsel without my consent. Do I have any recourse?

Opposing counsel claimed my spouse tested positive for COVID two days prior to our mediation hearing. However, she signed and filed the continuance request before I was ever notified of what was happening.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 16, 2022

Your attorney does not need your permission for a continuance.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Can my ex-wife come and get our son at anytime if it is my visitation time with me?

My 8 year old son was talking to his mom who lives in another state and said he misses her and wanted to come back home even though it is my time with him. She said she is coming to pick him up because he has that right to come home when he wants to. I know I have rights to parenting time with... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 16, 2022

If it is court ordered visitation she can not get him on your time

1 Answer | Asked in Divorce for Texas on
Q: I have filed a divorce in Texas and we are staying separate for the last 10 Months, our divorce case is still pending.

When its come to property division, do my income from last 10 months count in property division even though we are not staying together from the last 10 month. What are my rights in this situation? How I can stop my income to count as a community property ?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 14, 2022

Your income is community as long as you are married,

1 Answer | Asked in Divorce for Texas on
Q: My husband filed for divorce for the 2nd time on 2/28/22. He is now refusing to serve me. How can i move forward?

He's a disbarred attorney and is bullying me into an uncontested divorce. He has been telling me he wants to reconcile since 2016 when he filed the first time. I learned that it was just a tactic to not have to pay alimony and to waste and dispose of assets.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 12, 2022

Retain a lawyer and file a counterclaim.

1 Answer | Asked in Divorce for Texas on
Q: I divorced in Texas on 2019 and I signed the divorce decree where I said I gave my half of the house.

Now , years later my ex request me to sign a special warrant deed and I refused and she want to sue me….what can I do ? I’m still have any right with the house if I not sign this document ???

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 12, 2022

You need to sign the special warranty deed unless you want to pay her attorney fees if she takes you to court, She can file motion to enforce and can win it,

1 Answer | Asked in Divorce for Texas on
Q: I need to know how I would file a Loss of Consortium without a attorney?

My husband and have been separated for 4 months and he has a Personal Injury case that he's getting ready to settle.

I'm needing help on how to add my at sign.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 9, 2022

You need a lawyer for this type of claim ,

1 Answer | Asked in Divorce and Family Law for Texas on
Q: How can I get a free divorce due to domestic violence and CPS my kids currently reside with my mother and he is incarce

There are issues that popped up about him inappropriately touching 2 of my 3 kids which are his kids as well. He is the reason why cps is in our lives and I should have done this along time ago but was to busy blaming myself how could I have let this happen. So now I have to fight harder and... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 7, 2022

Call a legal aide in your county or a law school near you.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Husband cheated & I kicked him out. Decided to divorce but haven’t filed yet. How long do I have to hold his belongings?

He took his clothes & important papers but keeps putting off getting the rest of his stuff bc he’s busy.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 6, 2022

You need to hold on his items until you are divorced or until you have a hearing,

1 Answer | Asked in Divorce and Child Custody for Texas on
Q: Husband abandoned my 2 kids and I on 3/6 in Texas, he now says I am withholding parental rights by what I am requesting.

He has not financially helped us since the first week of February. We are barely hanging on only w/ the help of our church. He will randomly visit his Mom that lives near us & I was allowing our children to spend the night over there until he started saying that he wants to take them with him.... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 4, 2022

You need to file for divorce and get orders in place, Kids do not have to see grandparents

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Can my ex’s girlfriend pickup my son alone if I don’t know her? Our custody order says known to both parents.

She’s came with him on pickups a few times and she had her take him to school without my knowledge but he panicked and I had to meet her to get him. In that short interaction I learned her name and that she doesn’t have her own child (in another country) which worried me. Drop off on Mondays... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 3, 2022

Most decrees allow a girlfriend or boyfriend pick up the child, You need to move on and let your ex have time with his child,

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Health Care Law for Texas on
Q: husband rescheduled mediation for 6/22. I can't wait that long due to health issues/ins. How do I ask courts sooner date

Filed 3/18/22 in Montgomery County. Texas. He is removing me from insurance, I am a double transplant survivor and cannot be without health insurance. He says come June 1st I will no longer have health insurance and will not add me unless ordered by the courts. No lawyer, I am not able to work due... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 1, 2022

You need to have your family let you borrow money so you can retain a lawyer,

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: Married 30years, husband wants divorce. I’m sick, and have no access to any of our money. He’s abusive and I am scared.

He told me that 5/5/22. I’m on bed rest and need immediate help.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 1, 2022

Retain a lawyer and they can get a temporary hearing to get you money.

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: My hudband submitted the petition for divorce and i submited the answer i dont know what is the next steps.
Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 23, 2022

You need to file a response to intial disclosures.

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: After being married for 40 yrs what am I entitled to as far as things we earned togethe a house and 61 acres that's paid

Off and about 22 head of cattle? And being verbally abused for 10 yrs?

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

Regular verbal abuse doesn't count as domestic violence under Texas law but it can if it includes threats to inflict injury, pain, or property damage. Talk to your divorce lawyer.

1 Answer | Asked in Divorce for Texas on
Q: I filed for divorce in Tx. I am unemployed and needing money to pay bills. Can I cash my 401k if we both agreed and sign

We signed final decree stating I get to keep my 401k and he keeps his. I need money to pay for my bills and food and divorce fees. Will I get in trouble if I cash it out now? I know they recommend to wait til after but my question is will I get in trouble if I cash it out. I really need money since... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 6, 2022

You can cash it in. You will have to.pay taxes on it but you will not be in trouble

1 Answer | Asked in Divorce for Texas on
Q: I have been married almost 33 years and a stay at home wife with no income or resources of my own,husband want divorce

I don’t know what to do how to start without funds

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 3, 2022

Get a job . Consult a lawyer to discuss what you would be awarded if you were to divorce.

1 Answer | Asked in Divorce for Texas on
Q: A vehicle was purchased before marriage who has the right to the vehicle
Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 1, 2022

Your vehicle is your separate property.

1 Answer | Asked in Divorce for Texas on
Q: My husband is in jail how can I serve him divorce papers
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 26, 2022

Hire a process server and they can serve him in jail

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