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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can I file for divorce online without using a divorce service & not appear in court. No kids, no assets,Brazos County,

Can I do all of this using the Texas e-filing portal? Or must I go the clerk's office?

Spouse is incarcerated. Marriage took place during incarceration. Spouse will not contest.

Thank you.

John Michael Frick
John Michael Frick
answered on May 26, 2023

Legally, you can always represent yourself in your own divorce proceeding.

It's like rebuilding a car engine. Legally, you can rebuild your own car's engine. It's probably not wise if you don't know what you're doing.

Many people with substantial legal...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Do I always need to provide an inventory and appraisement during a divorce?

Last week my wife's attorney has requested an inventory and appraisement from me. The assets we have accumulated during our marriage include cash in our bank accounts, an SUV and sports car, furniture, and her 401k and Roth IRA. On the other hand, the only liabilities we have are $10,000 in... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

It is not always required but it is often required and is very useful. In many instances, spouses "forget" about assets like accumulated frequent flyer miles, unpaid bonuses, etc. Taking the time to complete a thorough and accurate Inventory and Appraisement helps the parties and their... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can filing an amended petition in my divorce case be considered a surprise?

After my wife initiated the divorce proceedings, I quickly responded with a general denial and a Counter Petition that I found online, as I was eager to avoid a default judgment and have a say in the division of our marital estate.

Currently, we have a pre-trial conference scheduled in... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

Unless there is already a scheduling order in place which imposes a pleading deadline, you generally can freely amend your counter-petition up to seven days before your trial setting. Ordinarily, a court must allow you to amend your pleading, but may grant a continuance to avoid surprise or unfair... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Seeking text messages and social media messages in divorce case - Are screenshots sufficient?

Since my wife filed for divorce earlier this year, for now I am currently representing myself in my divorce case as I am working hard to save up enough money to hire an attorney, hopefully next month.

During this time, I am conducting basic discovery to gather evidence related to my... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

It is typical to use as evidence a printout of an entire thread of text or SMS messages between two parties so that the entire context of the conversation can be viewed. The printout usually has different colored bubbles for each participant with the date and time of each message and the phone... Read more »

2 Answers | Asked in Divorce for Texas on
Q: Is my wife's attorney about to screw me over?

I'm representing myself at the moment until I save up enough money to hire an attorney in the next couple of weeks.

After submitting Answer of General Deniability & Counter Petition, my wife's divorce attorney emailed me proposing to schedule mediation to negotiate the... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

The email from her attorney appears to be normal standard operating procedure. Most judges require mediation if the parties do not enter into an agreed decree of divorce without one.

You say your wife has control over a HUGE cash stockpile in her account. How huge? Huge is relative....
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2 Answers | Asked in Divorce for Texas on
Q: Is my wife's attorney about to screw me over?

I'm representing myself at the moment until I save up enough money to hire an attorney in the next couple of weeks.

After submitting Answer of General Deniability & Counter Petition, my wife's divorce attorney emailed me proposing to schedule mediation to negotiate the... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Probably. And I like Mr. Frick's answers. Seems a little strange that your wife has all the cash and you have all the CC debt, and you cannot afford an attorney. Most Courts can order the spouse with all the money to pay attorney's fees for the other spouse with no money, although the... Read more »

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2 Answers | Asked in Divorce and Family Law for Texas on
Q: Beyond the Motion, what else do I need in filing a Motion for Interim Attorney Fees?

In March 2023, my wife filed for divorce in Dallas, TX which is where we both live. I responded with my Answer and Counter Petition. We're in the discovery phase after completing Initial Required Disclosures. She hired an attorney using her substantial cash reserves, while I lack financial... Read more »

Sharita Blacknall
Sharita Blacknall
answered on May 23, 2023

When you submit your Motion for Interim Attorney's Fees in Texas, you're essentially asking the court to order your spouse to pay for your legal representation. It's important to understand that most attorneys consider the award of attorney's fees by the other spouse to be a... Read more »

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1 Answer | Asked in Bankruptcy, Divorce and Family Law for Texas on
Q: My husband and I are divorcing but we both need to file bankruptcy. Which should we file first?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 19, 2023

A reliable answer to your question can only be given after a full review of your respective financial circumstances.

That said, domestic relations SUPPORT obligations (spouse or children) are generally not modifiable by a bankruptcy court. However, payments in the nature of property...
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1 Answer | Asked in Divorce and Animal / Dog Law for Texas on
Q: Is it legal for a person to house 12 to 18 cats in a 1000 sq ft apartment dwelling. They eat 3 to 5 cups daily.

The house is very unhealthy. I divorced my wife because of this now I'm homeless. Section 8 is allowing a single woman to live in a house with 12 to 15 cats. The ammonia smells so strong it burns your eyes and nose. It's not healthy for her it hasn't been healthy for me in about 12... Read more »

John Michael Frick
John Michael Frick
answered on May 10, 2023

As her husband, you unquestionably had a greater say about this situation than any Section 8 agency.

You might be able to make some headway reporting her for animal cruelty if the health of the cats are endangered. As for her own health, that is really something for her to decide for...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can you ask for a different judge because of biased, aEllis county divorce
John Michael Frick
John Michael Frick
answered on May 8, 2023

You can file a verified motion to recuse the judge for bias. You will need to attach a sworn affidavit signed by a person with personal knowledge attesting to facts showing that the judge is biased. Bias cannot be demonstrated based solely on a judge’s rulings and decisions during the course of... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Simple, uncontested divorce. Do I need a lawyer?

We've been married 20 years, our children are adults, the mortgage is in both names but he's agreed to let me stay in the home, we both have retirement accounts (low value) and we've agreed not to touch each other's. I've called a few attorney's who are asking for a... Read more »

John Michael Frick
John Michael Frick
answered on May 5, 2023

A $5,000 initial retainer is extremely reasonable.

The problem with trying to do your own divorce is you don’t know to ask or research how to do something if you don’t know you need to do it.

You have a home and mortgage, so you will need a Special Warranty Deed and Deed of...
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2 Answers | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for Texas on
Q: I'm the Respondent in the Original Petition filing a Motion into the case. Am I the Petitioner in the Motion?

When the Respondent in an Original Petition for Divorce files a Motion for TRO, TI and TO into the case,

is the Respondent now the considered the Petitioner in the Motion?

Is the general rule that the person who brings the Motion for anything considered the Petitioner?

My... Read more »

John Michael Frick
John Michael Frick
answered on May 5, 2023

The party who files a motion is commonly called the Movant.

The party responding to the motion is commonly called the Respondent; but, if the motion is a motion for summary judgment, the party against whom the motion is filed is called the non-movant (a summary judgment cannot be granted by...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Try to see who would get custody of our kids if the mom has history of addiction with drugs and mental health issues has

Trying to see who would get custody of our kids if the mom has history of addiction with drugs and mental health issues has not worked in about 3 years or be involved with the kids much.

The father has been there for the kids day to day things, worked and supported the family financially... Read more »

Sharita Blacknall
Sharita Blacknall
answered on May 3, 2023

When determining custody arrangements, Texas courts prioritize the best interests of the child. The court considers several factors, including the physical and emotional well-being of the child and each parent's ability to provide a safe and stable environment.

In a situation where one...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: In texas finalized divorce if a party who was given inclusive right and use a property does not vacate at the end

Of their time the judge awarded them can the other spouse evict them and a JP Court or do they have to go back to the court that granted the divorce

If the plaintiff does decide to file through the JP Court and is successful in the eviction can they later on file a contempt motion in the... Read more »

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

Great question.

If the Divorce case is still active, you can go to your judge and file a motion to dispossess (evict), your ex.

If you bring a copy of your divorce case Order which states that your ex must leave after a certain amount of time, you can go to Eviction court to evict...
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1 Answer | Asked in Divorce for Texas on
Q: Is US divorce valid over the globe? We got married in INDIA
John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Not necessarily. The laws of the particular foreign nation govern whether that nation will acknowledge the validity of the US divorce decree.

In India, for example, a divorce decree by mutual consent is legal, valid and binding.

On the other hand, in a contested divorce case, India...
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1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Is it possible to file for child support when we are not divorced but live separately and I have my 18month baby with me

I'm paying for my rent and all expenses so I want to know if filling a child support order is okay when we are not divorced

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 20, 2023

Yes, you can file what is called an Original Petition in Suit Affecting Parent-Child Relationship. In Texas, this motion will establish which parent will be the primary parent (i.e., who your child will primarily reside with), and what type of visitation the non-primary parent will have with the... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can a lawyer file a nunc pro tunc to change the date on a divorce decree if it effects the total money received?
John Michael Frick
John Michael Frick
answered on Apr 4, 2023

A judgment nunc pro tunc is commonly used to correct an erroneous date in a judgment like a divorce decree. The question is whether the error is a clerical error or a judicial error. A judgment nunc pro tunc can be properly used to correct a clerical error, but not a judicial error.

The...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Is it possible to waive the 60 day wait period for divorce in Texas if previous divorce attempt happened?

My parents filed for divorce in 2015 and while waiting for it to be finalized they cancelled it. They are filing for it again now and we were wondering if it is possible to reopen that original divorce case and have the waiting period waived. This is pertinent as my mom is currently homeless... Read more »

John Michael Frick
John Michael Frick
answered on Mar 31, 2023

No. There are only two exceptions to the 60-day waiting period, both of which involved family violence.

Typically, the lender would only require your dad to sign the Deed of Trust because of his homestead rights in the event of your mon's death before the loan is repaid. Many married...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: If my husband dies before the divorce is final do I get all his proceedings in his assets and his land and his house

They were together for 25 years common law married and they legally got married and were together for 7 years I believe and then they were gay men one had inheritance the other one had not been able to work cuz he wouldn't let him there was domestic violence involved and he has assets and... Read more »

John Michael Frick
John Michael Frick
answered on Mar 21, 2023

It depends on whether your husband names you as his sole heir in his last will and testament, whether he has any children, and whether any of the property he owns at the time of his death is his separate property.

If you are named in his will as his sole heir and he does not have any...
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1 Answer | Asked in Divorce for Texas on
Q: I have taken over a vehicle payment for over three years for one of my kids and he and his wife are divorcing do I legal

The vehicle is soley in my son’s name, he obtained the vehicle before they married do I have legal rights to this vehicle.

John Michael Frick
John Michael Frick
answered on Mar 19, 2023

Unless you and your son entered into a formal loan relationship and you properly recorded any lien on the car title, you do not have any legal rights to the vehicle itself.

In fact, without evidence of a loan, your taking over the car payments might very well be considered a gift....
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