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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce for Texas on
Q: If I move out(no kids)to get out of a Dysfunctional marriage before I file for divorce and my spouse files immediately ,

Can my spouse possibly win every thing in the divorce settlement claiming Abandonment when in fact I am removing myself from a hostile environment?

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 10, 2019

The court will divide property and it does not matter if you file first. Consult an attorney.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My husband (we are currently separated (still married), I know Ft Worth, Texas is a community property State.

The tax bills are in his name. He says that I don't own any part of the three lots in Benbrook, Texas because they show him as "owner". I told him that Texas is a community property State. He doesn't believe that I have a part of the ownership.

Jon R. Boyd
Jon R. Boyd answered on Oct 6, 2019

Texas is a community property state, but if you didn’t marry by marriage license, you will have to prove you are common law married.

You may qualify but it is an intensely fact dependent determination. Call me tomorrow at 817-338-4500 if you would like to meet with me me to analyze your...
Read more »

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1 Answer | Asked in Divorce for Texas on
Q: how do I get a TRO for the husband that I am divorcing?

I've been receiving threaten emails and non stop phone calls to my work

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 3, 2019

Request a TRO from the court in which you have filed the divorce.

1 Answer | Asked in Divorce for Texas on
Q: I filed for a divorce in Texas my ex moved to California a few months ago and just filed a special appreance.

I don't how to respond to it

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 2, 2019

Without more facts he may be entitled to such.

1 Answer | Asked in Divorce for Texas on
Q: Paid 33000 towards the mortgage over 7 years.Wife files for divorce. sells house and moves before divorce is final

She served petition for divorce 2 weeks before the new owner moves in.what can the husband do?

Victoria Collins
Victoria Collins answered on Sep 29, 2019

There are too many other facts needed to answer your question. Is the house community property; e.g., was it purchased during the marriage with money owned equally by the spouses? Was the $33000 community property? Are you the husband, the person who paid toward the mortgage, or both? I suggest... Read more »

1 Answer | Asked in Divorce for Texas on
Q: How do you set aside a complaint divorce

I did not receive anything. My spouse lied to the courts and told them that she did not know were I was are how to get in touch with me. When in fact She did have my number and address

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 22, 2019

Hire an attorney to discuss practical and legal remedies. If you have not lost any valuable property or rights concerning your children, if any then it may not be a practical avenue to fight it.

1 Answer | Asked in Divorce for Texas on
Q: Me and my ex Square never married on paper we were together 14 years file taxes married filing jointly sign my last name

Where you bought wedding bands w o r e them for a year do we legally have to get a divorce

Victoria Collins
Victoria Collins answered on Sep 21, 2019

probably, but there is not a simple answer to this question. Texas courts consider many factors in determining whether you are married by common law. You would be wise to consult a family law attorney.

1 Answer | Asked in Divorce, Family Law and Elder Law for Texas on
Q: Texas laws: Can Durable Power of Attorney for incapacitated adult file for divorce on behalf of incapacitated adult?

Child named Agent of elderly mother's Durable Power of Attorney in Texas. Father has been mentally & verbally abusive to mother for years & has been grossly negligent in his fiduciary duties of the family living trust. He has withdrawn substantial amounts from the trust & bank accounts for his own... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 13, 2019

Contact Adult Protective Services if you believe there may be financial, mental or physical abuse. Her agent needs to safeguard her assets, i.e. separate bank account, etc.

2 Answers | Asked in Criminal Law and Divorce for Texas on
Q: i am in need of a good lawyer for current charges against me i was set up by a lady and i am in the middle of divorce
Gary Kollin
Gary Kollin answered on Sep 13, 2019

You will need to contact lawyers individually and directly

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1 Answer | Asked in Divorce for Texas on
Q: Could I have information about a divorce/ with no children, and I have been disabled for11year weve been married for9

I want to divorce him, we have not lived together since March and before that he left me for almost a year and got someone else Pregnant and slept with multiple women, he’s on probation because of the violence behavior that he displayed in front of my parents house he’s verbally abusive not... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 10, 2019

Contact the State Bar of Texas for a referral to other agencies that may be able to assist you since you are on a limited income. Good luck.

1 Answer | Asked in Divorce for Texas on
Q: How long is the uncontested divorce process? Why my divorce papers still pending and review
Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 10, 2019

The answer to that question depends on a lot that you question does not provide. But, in general you can have an uncontested agreed upon divorce granted in 60 days from the filing.

1 Answer | Asked in Divorce for Texas on
Q: I wanted to know what do I do to serve a divorce to my wife if I live in Las Vegas and she lives in Dallas Texas

There are also two minor children involved

Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 31, 2019

Consult with an attorney in the county in which your wife lives or an attorney where you live. Where you file will depend upon other factors regarding your residence requirements. Good luck.

1 Answer | Asked in Divorce for Texas on
Q: Am I in titled to any of his lawsuit.

I've been with my kids father for 11 years we are not legally married but to this day still live together. He recently got into a wreck with a commercial vehicle and had a major lawsuit. Now he is stating he no longer wants to be together and that I'm not in title to any of his lawsuit. He said we... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

You could be entitled to a part of the settlement depending on what he was awarded the settlement for. For example if he was awarded the settlement based on lost wages then you would be entitled to a portion of that. Secondly, you may be considered married under Texas informal marriage law if you... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: I have proof my wife is cheating I continue to pay everything he has threatened me can I prevent him from seeing my kid

My wife and I have been separated for 2 years, throughout these two years I have never disregarded my responsibilities, I have paid for everything and some, she has access to all accounts. She has been communicating with a former old friend and has developed a relationship physically and mentally... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

What you need to do is get an aggressive attorney to defend you in a divorce. Adultery is one of the factors that a court will consider in potentially giving you a disproportionate share of the community estate. Apparently she has become violent with you so that is definitely a factor that a... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Which date do I put for my marriage on divorce paperwork?

Our small private ceremony in Texas with exchanged jewelry (anklet) & witnesses (not registered with state): 12/22/11.

Full cohabitation: 2/1/12.

Claimed common-law marriage on 2012 Texas taxes.

Wife finishing degree (no cohabitation during): 5/1/12 - 12/1/12 (Her primary... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

I would say that you can claim that you have been married since the 2011 date when you formed your intention to be married in Texas and lived together as a married couple. To have a common law marriage in Texas you must satisfy the three following elements:

(1) Agree to be married...
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1 Answer | Asked in Divorce, Estate Planning and Elder Law for Texas on
Q: Is spouse's Defined Benefit Pension part of QDRO? Even though spouse selected single life annuity & no death benefits?
Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 22, 2019

What will go into the QDRO is a matter of negotiation.

2 Answers | Asked in Divorce, Estate Planning and Elder Law for Texas on
Q: Texas--Elderly parents retired & divorcing. Is wife entitled to husband's defined benefit pension plan?

Husband chose single life annuity monthly payments on his pension so he is currently receiving 100% pension payments. His pension will end at his death so wife will get nothing. Can wife claim part of his monthly pension payments when divorce is completed? Or can wife claim lump sum payment based... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 22, 2019

The safest way to handle this may be to get a Qualified Domestic Relations Order as part of the divorce decree.

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1 Answer | Asked in Divorce for Texas on
Q: I am wanting to file for Divorce in Texas we have 2 small children. My husband is not working, I have been the provider

My husband has health issues but is not considered disabled. Is there a possibility I would have to pay spousal support if so what is the most amount of time? Is there a possibility I would have to pay him the rest of his life? This is the one thing keeping me from filing i'm worried I would have... Read more »

Chad Zubi
Chad Zubi answered on Aug 16, 2019

The presumption is that spousal support is not warranted. If your husband can prove by clear and convincing evidence that after the division of community property and the confirmation of any separate property that he still cannot meet his minimum reasonable needs than there is a possibility that... Read more »

1 Answer | Asked in Divorce for Texas on
Q: can my husband kick me out of the house HE owns even though we were only married 5 months when he filed for divorce

his property is not marital property and is state of alabama.

Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 12, 2019

If you’re residing in the state of Alabama then those laws more than likely apply. Consult with a divorce attorney near your residence for valid laws applicable.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: I am wanting to file for divorce and obtain a temporary custody order. Is this something I can file on my own?

I have two children and want to make sure they are protected but I need to get the ball rolling as soon as I can.

Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 5, 2019

You could file it on you own. However, you sound like there is a serious need for attorney involvement because you state that your children need “protection”. 888-343-4529.

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