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... Read more »

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 »

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 »

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 »

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.... Read more »

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 »

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 »

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... Read more »

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... Read more »

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 »

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... Read more »

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... Read more »

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... Read more »

John Cucci Jr. 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... Read more »

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... Read more »

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 »

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... Read more »

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... Read more »

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... Read more »

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.... Read more »