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Texas Divorce Questions & Answers
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 »

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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 »

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: What other legal options do I have?

Me and my ex spouse were married for 12 years and divorced in Texas. This was a uncontested divorce and the decree lists us both as joint managing conservators with her as the custodial parent. There is not a standard possession order it only states that visitation will be agreeable by both... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Mar 23, 2021

Thanks for your question and I'm sorry to hear about your situation.

I would suggest that you reach out to a local family law attorney so the attorney can review your final order with you and learn more about the facts surrounding your situation.

It sounds like you will need...
Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My husband and I are going through a divorce we have court order documents for visitation but which is the regular SPO.

He has SPO orders but he lives with his sister who does not have a job and they are being taken care of by her boyfriend. The house has 2 bedrooms but there are 5 people in the house. 2 boys sleep in one bedroom and his sister and boyfriend sleep in the other. My husband sleeps in a pullout couch... Read more »

Sharita Blacknall
Sharita Blacknall answered on Mar 18, 2021

One solution is to ask court for a temporary restraining order to prevent visitation until a hearing is held on your modification.

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I am looking for a Lawyer that is certified in both Idaho and Texas for child support and custody, Where should I start?

I recently got married and my husband has 2 children that live full time in Texas with their mother, he lives in Idaho currently. They originally had a custody agreement that gave him every second Saturday but since moving he has not been able to reach her at all to inquire about the kids or try... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Mar 8, 2021

Hello, thanks for your question and congratulations on the recent marriage! I am licensed in Texas, so I just want to state upfront that I am unsure of Idaho laws.

One important question to ask is where was the custody agreement signed/completed? From your comment, I would guess Idaho?...
Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I was with my common law wife since around 2008:we just septated and I ended up leaving with nothing. We agreed to put

Items in storage. Now she won't let me have the rest of my things. What should I do on a Military Pension so only have $1100 a month.

Chad Zubi
Chad Zubi answered on Mar 4, 2021

You should consult a lawyer about this situation, there are many lawyers who offer free case evaluations. In general you may file a petition for divorce and as the case proceeds there will come a property division. In the meantime you may be able to obtain temporary orders, but this is not legal... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What If the respondent changes their mind to sign waiver of service ?

Do they have to go back to the court and request service or does the respondent just file an answer, although the petition wasn’t given to them? Do they have to go back to the court and request service or does the respondent just file an answer, although the petition wasn’t given to them?

Teri A. Walter
Teri A. Walter answered on Mar 1, 2021

If you've already filed a waiver, you need to get an answer on file. And check the terms of the waiver. Some of the waivers I've seen don't just waive service, but also waive notice of the proceedings.

1 Answer | Asked in Divorce for Texas on
Q: In my original divorce petition, they put my last name as my wife's middle name. How would I fix it
Teri A. Walter
Teri A. Walter answered on Feb 26, 2021

Talk to your lawyer - the petition can easily be amended, but that may not even be necessary. What's important is that the error doesn't end up in the divorce decree.

1 Answer | Asked in Divorce for Texas on
Q: What can I do if I don’t have the original copy of my marriage license and I want to get a divorce?
Teri A. Walter
Teri A. Walter answered on Feb 25, 2021

You don't need a copy of your marriage license to file for divorce. But if you needed the record for some reason, you could contact the county clerk of the county that issued the license. Talk to a family law attorney in your area about the requirements for divorce, and your circumstances.

1 Answer | Asked in Child Support and Divorce for Texas on
Q: I live in Texas & my son is 17 y/o, 18 in November. Will I have to pay child support if he lives with his father?

We share financial responsibility. His father just happened to live across the street from the school.

Jonathan Tanaka
Jonathan Tanaka answered on Feb 16, 2021

Hello, thanks for your question and I hope you're staying safe in this weather! More information would be needed to best answer your question.

I would recommend that you reach out to a local attorney in your area so that the attorney can have a chance to ask you questions, examine the...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: I am currently on disability and can't afford the retainer of an attorney. That is really my only source of income.

I want a divorce on the grounds of my husband cheated on me for a second time and this time it's with a co-worker that has lasted closed to three years. What are my options? We are currently renting our home and the only thing we truly have between each other is my SUV is in his name.

Jane M. Gekhman
Jane M. Gekhman answered on Feb 11, 2021

Try reaching out to Legal Aid 800-955-1407

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