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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce for Texas on
Q: How to file a uncontested divorce?

My ex and I have been separated over 17 years. Living in 2 different states over 15 years. We were married in LA and I live in TX. I cannot afford to file and he says he can't either. What assistance can you provide and what steps should I take next?

Ty Czapla
Ty Czapla answered on Sep 23, 2020

If it is a Texas divorce, go to Texaslawhelp.org. You may be able to find an attorney who can do an uncontested divorce cheaply.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I’m Texas if a 14 year old wants to live with one parent, can he go before the judge to request it w/o involving lawyer
Ty Czapla
Ty Czapla answered on Sep 23, 2020

There has to be a custody suit filed and a motion for the judge to confer with the child. Technically, this can be done without a lawyer, but it would be difficult. The judge is required to consider the child's opinion, but it is only factor in the judge's decision.

2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My wife and I are separated and are planning on divorce but she has kept my daughter from me for 3 weeks What can I do ?

I have tried contacting her multiple ways and she ignores all communication when I ask about our daughter ... we are still married just seperated and she filled for divorce 3 days after the baby was born in may but has not furthered the process, my two sons cry to see their sister almost... Read more »

Sharita Blacknall
Sharita Blacknall answered on Sep 21, 2020

You should hire a lawyer to assist you with moving the divorce forward and get your legal visitation rights started.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Do I need a lawyer if I filed for modification of custody/ divorce decree? I haven’t heard from the court about a court.

I filed for modification of custody. My ex husband drove drunk to police station with our child, assaulted me, and evaded arrest. Before that, he was sending me threatening and harassing text messages constantly. He also refuses to refinance the car that he was awarded in the divorce so its... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 12, 2020

It would be difficult for your to represent yourself under the facts that you described. The law in this area can be very technical.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: Hello , i was wondering if i can get some information on what i should do about rights of my children

My wife and i have been separated for about 4 years now. i haven't seen or talked to my kids in 2 years. She has cut off all communication to where i cant talk to the. All i want is something to do with my kids

Sharita Blacknall
Sharita Blacknall answered on Aug 24, 2020

If you guys are not divorced, you need to hire a divorce attorney to file for divorce and get court-ordered visitation.

1 Answer | Asked in Divorce, Family Law and Business Law for Texas on
Q: I'm filing for a divorce, my husband owns his own company, it is a S corp for tax purposes, we file our person taxes

under the company am I liable for any law suites that might happen

Kelly Case
Kelly Case answered on Aug 14, 2020

Yes.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I have been married 13 yrs and my husband has been the sole provider. Recently he has become abusive and has had affairs

I can not work due to sezuriez . Can he be made to pay alimony in tx .

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 6, 2020

Yes, it is possible that you could get a Court to order him to pay you temporary spousal support (what we call alimony in Texas) while a divorce case is pending and you may possible get the Court to order him to pay spousal support for up to 4 years after the divorce based on the circumstances that... Read more »

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas on
Q: I currently have a temporary protective order ex parte filed against my husband I am located in Texas. He begged to se

He begged to see our son, so I allowed him once with my supervision

Since I have the protective order in place, would I be in violation of it and could I be facing criminal charges for violating it as the protected party

He is now incarcerated For violating his probation, so I... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 30, 2020

No, the order does not restrict the actions of the protected party. However, if you wish to deviate from the order in the future it would be wise to seek a modification so that your husband won't be in violation. It is the judge's order, not yours, so you don't have any authority... Read more »

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1 Answer | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Can we sign a prenuptial agreement after becoming informal/common law married and before becoming more formally married?

Heterosexual couple living in Texas. It’s in my interest to join in common law marriage to be recognized as a household to be able to join in on my fiancé’s health care benefits. We have plans to have a formal wedding ceremony a year from now, or when we can—Covid-pending. Thank you.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 28, 2020

If you are common law married, that is a valid marriage. Thus, if you sign any agreement regarding our property, it will not be a prenuptial agreement but a postmarital agreement which is recognized under Texas law.

2 Answers | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Ex decided to not make me be supervised w/my kids anymore. now he’s mad at me and has demanded I now have a supervisor

Divorce decree says I have to be supervised when I have my kids by one of three of my family member's. (this is due to me not showing up for court for our divorce he won by default ) After doing this supervision deal for almost 2 years my ex then decided that there was no reason for me to have... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jul 17, 2020

Hire an attorney to file a modification of your current order. Gather all your documentation and witnesses that can attest to the fact that you have been with the kids on numerous occasions and give it to your attorney. Until you get a new order from the court you are to follow the current order.

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1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Texas on
Q: My wife and I are getting a divorce she's not allowed me to see my son without any paperwork she is gone into hiding in

My wife and I are filing for divorce we have a three-year-old son who is not biologically yours he was given to us by my sister we have no legal adoption papers written out but he has been with us since birth we took him home the day after he was born he calls me father he calls her mother I want... Read more »

Ruby K Bolton
Ruby K Bolton answered on Jul 12, 2020

You have a number of complex issues that will require the assistance of an experienced family law attorney. Your divorce is most likely going to be a separate case from custody of your sister's biological child. Based on the facts you have listed, you or your wife, or the both of you together,... Read more »

1 Answer | Asked in Divorce and Child Custody for Texas on
Q: we were set for mediatrion till i saw the price tag. being a single mother i can not pay the price tag for my lawyer .

what can i do ? i have no legal rep and will not agree to his terms which leave me and the girls homeless

Kelly Case
Kelly Case answered on Jul 8, 2020

Not possible to answer based on limited information provided. You can try and contact Legal Aid for your county and see if they can step in to help. Or you can try and mediate the case yourself. Fortunately, mediation is a lot less formal than Court and you will know the facts of the case. You can... Read more »

1 Answer | Asked in Divorce and Banking for Texas on
Q: Can I take my name off of a checking account his money goes into and make it to where we can not transfer money.

We have two checking accounts. My name is also on the account his deposit goes into. I have another checking account where my deposit goes. Am I able to take my name off the one account and make it to where we can not transfer money from one actor the other.

Kelly Case
Kelly Case answered on Jul 8, 2020

Your question would need to. have a lot more information before anyone can answer definitively. If divorce petition has been filed, then you will need to review the County Standing Orders to determine what you may or may not do. This is totally different in each county. If divorce has not been... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I live in Texas in 2017 my husband filed a petition for divorce and then a notice of nonsuit without prejudice. Lied on

He lied about us having a house. What can I do?

Chad Zubi
Chad Zubi answered on Jul 3, 2020

If you file for a divorce and get a case started again, then you can explain to the court, at the proper time, and use the proper pleadings and documents, to show that you don’t have a house. I suggest getting an attorney to help you with the divorce.

1 Answer | Asked in Divorce for Texas on
Q: My ex stopped paying alimony and now resides in Hawaii. What can I do from Texas?

He stopped paying over a year ago. He was out of work so I gave him time to find work and did not go after him. Now he has been working again for a year in Hawaii and hasn't started paying again. I need help, please to figure out if a local attorney can help me or if I need to find an attorney... Read more »

Carl J Selesky
Carl J Selesky answered on Jul 3, 2020

You're going to need to start with a local attorney, as any pleadings would very likely need to be filed in the Court of original jurisdiction. I'd (or any attorney) need to see the original document before I could tell you what your options are. However, typically spousal maintenance... Read more »

2 Answers | Asked in Divorce for Texas on
Q: I had my husband served divorce papers and a Temporary Restraining order and he won't leave. What can I do ?

I called the police department and they said they can't enforce the TRO.

Kelly Case
Kelly Case answered on Jul 3, 2020

Call the Sheriff's Department and ask to speak to a supervisor. The Sheriff is tasked with enforcing Court Orders. If they still won't do anything, call the Court and ask to speak with the Judge's assistant or Clerk. Tell them what is happening and ask if they wouldn't mind... Read more »

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1 Answer | Asked in Divorce for Texas on
Q: Divorce. No children, assets before marriage in my name and money I have saved. How would I be affect me.

We have separate bank accounts. I do have assets before marriage and money I saved before her. no prenup

Kelly Case
Kelly Case answered on Jun 30, 2020

There is lot more information that any lawyer is going to need to answer your question definitively. However, as a general rule of thumb, w/a lot of exceptions - anything earned or acquired during the marriage is community property and subject to division accordingly.

3 Answers | Asked in Divorce for Texas on
Q: I got married in Puerto Rico I live in TX now, don’t know where he is how can I file for divorce?

When we got married we were only 17 once we decided to go our separate ways we never filed for divorce. We do not have kids together. It’s been 16 years that we separated. I now live in Texas and I’m not sure where he is we lost contact. I just want to get the process done but not sure how to... Read more »

Kelly Case
Kelly Case answered on Jun 29, 2020

You can get divorced without knowing where the other party is located but the requirements are a little different than if you were able to have the other party served with process. You are going to be required to prove due diligence was taken to try and find the other party and as long as this... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Immigration Law for Texas on
Q: How does a divorce with an undocumented parent go in Texas? Will they loose there rights as parent's and get deported?

Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 29, 2020

An undocumented parent does not lose his or her parental rights by getting divorced in Texas. It is doubtful that getting divorced will precipitate a deportation. However, at the end of a divorce one party or the other (usually one of the parties' attorneys) is supposed to submit a form... Read more »

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1 Answer | Asked in Divorce for Texas on
Q: My wife of 20+ years separated from me for less than a month, shortly after had divorce papers drawn. I have no money

I also don't have a car or a place to live. I have disabilities. She knows all this, but somehow expects me to pay for her lawyer. Do I have recourse?

Kelly Case
Kelly Case answered on Jun 29, 2020

If I understand your question, you are asking if you have any recourse for action when your wife of 20 years has filed for divorce? Yes, you do but if one person wants a divorce, practically speaking, a court is going to grant the divorce. However, if you are asking if you have to pay her... Read more »

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