Lawyers, Answer Questions  & Get Points Log In
Texas Divorce Questions & Answers
1 Answer | Asked in Divorce and Estate Planning for Texas on
Q: Hello... how to separate a real estate from the marriage community property in TX?

My dad bought a property in TX and we are both in the title. I need to separate that property from marriage community property in case I get divorced. My wife is in agreement with this approach as my dad is the owner of the property and I am just in the title in case he passes. Is this something... Read more »

Elizabeth A. Sabol
Elizabeth A. Sabol answered on Jul 26, 2021

First, I'd want to know more about how the property was acquired in the first place. Are you sure it's community property? If it was given to only you as a gift even after marriage (eg, because your dad paid for 100% of the land but put you on the deed), it's still likely separate... Read more »

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: If my ex gets charged for domestic violence can I get full custody? She only lets me get my son every other weekend now

She’s going to loose her job the investigator said she will be charged with a Class A misdemeanor and she will loose her job

Sharita Blacknall
Sharita Blacknall answered on Jul 1, 2021

If you currently have a custody order from a court you will need to apply to modify it. If you do not have a current custody order from a court you will need to get one.

View More Answers

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: my soon to be ex wife attacked me in my sleep while kids was in the home she’s being questioned soon

Can I get full custody this isn’t the first incident i just want my son so he can be raised by me his father she is extremely toxic we are going through a divorce

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2021

Talk to your divorce attorney about filing an application for a family violence protective order.

View More Answers

1 Answer | Asked in Divorce for Texas on
Q: Can I file for Divorce on my own without a lawyer if my spouse is incarcerated?

Its a mutual agreement. We don't have kids, property or any kind of attachments together.

Chad Zubi
Chad Zubi answered on Jun 1, 2021

You have the right to represent yourself in a divorce, but the better course of action is to obtain the help of competent counsel who can assure that your rights are secured and that you correctly follow all procedures. Costly mistakes can result from minor procedural mistakes.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Divorce for Texas on
Q: Is Defamation ex parte and subjective language (libel) allowed for a writ while a victim child is protected by VRA law?

Defamation and subjective language were used ex parte for a writ to a child's body, after an action (motion) was in place for full custody, after numerous bouts of maternal child abuse and maternal fraud were evident. The child was then subsequently returned to the maternal abuser against... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 25, 2021

I apologize for the snarky tone of my previous response. I can't remove it, so I will try again to answer your specific question regarding the language in a writ:

Arguing over the language is probably not the best use of your time and effort. One of the many reasons that wise...
Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Should I let my ex know that I know about her adultery before we go to divorce court, or let it be a surprise?

im going through divorce. we havent gone to court yet. my daughters, 14 and 15, have chosen to live with me, not her. Mothers day weekend, was her first weekend to have them since she moved out a month ago. the very first night she took them to a biker party at her new boyfriends house, got... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on May 13, 2021

I would suggest that you reach out to a local family law attorney in your area (Irving) so the attorney can sit down with you, learn what's been filed so far in the matter and better understand the facts surrounding your situation.

Adultery is not illegal in Texas. However, it may...
Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Q: I’ve been divorced and have 50 50 custody of my 2 children, there was no child support in place because of the 50 50

She tells me when I can get the kids and now she wants to take me to court for child support even though I’ve asked for week to week and she refuses

Jonathan Tanaka
Jonathan Tanaka answered on Apr 26, 2021

I would suggest that you reach out to a family law attorney in your area (Dickinson) so they can review the divorce decree with you and discuss what your options are.

It sounds like your ex-spouse is wanting to modify the final order to give her primary custody and to order you to pay...
Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I got married in usa and divorced in india. How do i update my marital status in usa?

I got married in usa in 2015 and my husband was a indian citizen who lives in usa as a temporary resident. 2 years after marriage we got separated due to reasons. And while i was visiting india we got divorced there. I am back to usa but my records still shows that i am still married to my ex... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 20, 2021

I am not sure what records you are trying to update. But, contact someone where you are trying to update the records and ask them what they need in order to update your records. Also, you should order a certified copy of your divorce decree just in case you need it.

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: f I leave town to stay with my mother or sister with my son could I face legal consequences from my husband?

I need to leave my husband and he had threatened to take my son if I ever try to leave. I have no family or friends. No where to leave to in town.

Sharita Blacknall
Sharita Blacknall answered on Apr 15, 2021

If there is no court order in place restricting your residence you can move. However, your spouse could file a motion requesting you move back because it is not in the best interest of the child to be moved. But, you get to also counter his argument that it is in the best interest of the child.... Read more »

1 Answer | Asked in Divorce for Texas on
Q: i filed for Texas divorce myself and tried to serve my husband through cert. mail

The postal service attempted to serve his paperwork to my address rather than his. I called his post office and they said it must have gotten forwarded because he hadn’t checked his mail in months so she put him on the moved list! I had my mail forwarded to my new address and she said it must... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

Usually you have to serve the other person in person through a private process server or constable, unless you get permission from a judge to serve them via certified mail. It doesn’t sound like you do here. So you would need to serve them in person by a process server. If certified mail service... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: WAITING ON THE DIVORCE TO BE FINALIZED. SHE MOVED OUT OVER A YEAR AGO LEAVIING ME TO PAY THE MORTGAGE.

PAYING THE MORTGAGE ALONE HAS PUT ME IN A BIND FINANCIALLY. THE HOME WILL NOT SELL FOR THE AMOUNT NEEDED TO NOT OWE THE BANK MONEY. WHAT ARE MY OPTIONS?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

Get a lawyer to possibly get a hearing date sooner than play the waiting game, so the court can make some orders regarding the house. It may come down to selling the house at a loss. Or the court may order her to pay half the mortgage until it’s sold.

1 Answer | Asked in Divorce for Texas on
Q: Is there a way to verify income of self employed, He is currently 11K behind on child support for 4 kids.

My ex took me to court 4 years ago and reduced my child support by almost half, because he no longer worked a corporate job but instead became self employed. Fast forward to now... He is currently over 11K behind in child support even at the reduced amount. And trying to have the amount reduced yet... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

OAG is unlikely to do that much work. You should probably get a private attorney. Those records will need to be subpoenaed.

1 Answer | Asked in Divorce for Texas on
Q: If a kid is adopted out,and neither parent has parental rights. Do you still need to add the child in the divorce paper?
Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

It should state the parties had these children born during the marriage, but their parental rights were terminated, and attach a copy of the order terminating parental rights as an exhibit.

1 Answer | Asked in Divorce for Texas on
Q: I got married in Peru, but never got state license, we are not together and not giving me divorce, am I single to marry?

I heard if you never applied for state marriage license then it's only legal there. Nothing is in her name and no children together

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

If you’re married then you’re married, doesn’t matter where you got married. You have to get a divorce first.

1 Answer | Asked in Divorce for Texas on
Q: My husband filed for divorce. I have two documents: Respondent's Original Answer and Waiver of Service (Only).

My husband filed for divorce. I have two documents: Respondent's Original Answer and Waiver of Service (Only). Which one do I need to file? Thank you.

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

File the answer if you intent to claim your rights. File a waiver if you don’t oppose anything and are okay with him basically going to court without you and asking for what he wants. Sometimes waivers will allow for that if you aren’t careful. Sometimes a waiver only waives service but you are... Read more »

1 Answer | Asked in Divorce for Texas on
Q: If my middle name was spelled wrong from Antonio instead of Anthony. Is it legal?

From waiver of service to the decree and was signed. Not noticed until later. Supposed to be final in June

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

It should be amended and corrected to prevent any possible issues.

1 Answer | Asked in Divorce and Immigration Law for Texas on
Q: I would like to know how an uncontested divorce affects a future application for citizenship.
Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

If you’re the beneficiary of an application filed by your citizen spouse, the length of time you must wait after you get your green card, before you can apply for citizenship can be different. If you’re married to a US citizen you can apply 3 years after getting your green card. If you aren’t... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: My husband is in jail and I can't afford both car payments. Can I take our car to the dealer without his approval?

Both of our names are on the loans/cars. My husband is in jail for sexual abuse of my son and we are not allowed to speak, but I can't afford to pay all bills on my own and need some answers.

If I'm not able to do that until a divorce is finalized (because I will be filing for... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

No bank will refinance without his signature, and no dealer or private seller will buy the casr from you without his signature. Because he is listed on both the car and note.

2 Answers | Asked in Civil Litigation, Divorce and Family Law for Texas on
Q: How do I prove I am common law married in texas? The narcissist partner says they aren't as it doesn't serve need

had bank acct now closed. Current truck together, opened business with a partner while wife financially supported. Purchased motorcycle in his name and she paid payments and insurance, she or his mother paid storage intro as husband and wife. Received packages with spouse last name(packages not... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

It comes down to whether or not you held yourself out to public as husband and wife. To determine that, a divorce would have to be filed, the other party can contest it, and the judge would take into consideration a variety of factors (joint accounts, joint ownership of property, joint tax returns,... Read more »

View More Answers

1 Answer | Asked in Divorce and Civil Rights for Texas on
Q: Got divorced in 2019,gave ex. special warranty deed to transfer land into his name, he has not done that.

he has not paid the taxes on the land and it is still 100% in my name as owner, Is there a limitation on getting it transferred, do I get to keep the land if I pay the taxes, to use as collateral or sale.

Teri A. Walter
Teri A. Walter answered on Apr 2, 2021

Presumably the divorce decree awarded the property to him, and then by signing the Special Warranty Deed you have confirmed that grant to him. Therefore, the property no longer in your name, no matter who the tax bills are going to.

If you want it back, you could buy it back a the tax...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.