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Texas Divorce Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What do I need to do to get a divorce from my husband who was deported back to Mexico? We have a 9 yr old daughter.
Jon R. Boyd
Jon R. Boyd answered on Jan 24, 2020

File a Petition for Divorce assuming you have lived in Texas the last 6 mos and you have lived in the same county in which you're going to file for for the past 90 days.

Then, though, you run into how to get him legally served.

Best you consult with a lawyer because there are...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: how does one file for an at fault divorce based on adultery and abandonment and mental health issues

Has been multiple incidents with physical mental and verbal abuse as well as abandonment and adultery there's also one biological child in household as well as a non-biological child who is mentally disabled with autism who has also been verbally and mentally abused by spouse

Chad Zubi
Chad Zubi answered on Jan 23, 2020

You would need to assert your grounds for the divorce in your petition. Issues regarding children will also be dealt with during your divorce. Child issues consist of things like rights and duties regarding the children, child support, and possession and access (visitation). It sounds like you... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: My husband doesn’t want to get a divorce but he’s not living with me either. How can I get the deed in my name?

We have been married 24 years

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 22, 2020

You’ll have to get a divorce in order to have the property awarded to you. Good luck. 888-343-4529.

1 Answer | Asked in Divorce for Texas on
Q: If I open another bank account in my name only do I have to disclose any funds I may deposit - if I file for divorce?
Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 22, 2020

More than likely yes. Good luck. 888-353-4529.

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: I was awarded the house in the divorce, what happens if my husband is not out of the house by the time the judge set?

The judge has the date and time set for January 27th at 5PM for him to vacate the house.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

You may need to file an enforcement action on him or an eviction.

1 Answer | Asked in Divorce for Texas on
Q: Trying to get my legal name back after the divorce but my divorce papers are not notarized How can I get them notari
Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 21, 2020

You have to do a name change petition if the decree does not change your name. It’s a new lawsuit. Good luck.

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Texas on
Q: I'm really need help,my lawyer withdraw in the middle of mediation and im brook.

Im disabled and now thay Will roll right over me.im trying to get division of assets sure I can survive 401k and investment fund s

Tim Akpinar
Tim Akpinar answered on Jan 20, 2020

I'm sorry for your difficult situation. Texas attorneys would be most knowledgeable in directing you toward resources that might be helpful, but your post remains open for two weeks. Until you're able to reach a Texas attorney for meaningful input, maybe you could start looking at resources on this... Read more »

1 Answer | Asked in Divorce and Child Support for Texas on
Q: Getting a divorce in TX. Child support will begin in TX. Wife is now trying to start an assume case in Puerto Rico

I’ve been separated from my wife for many years. I reside in Texas and she and my daughters reside in Puerto Rico. We have two daughters together. I have been sending her child support via money gram (no order in place). I began divorce proceedings but she does not want to sign. Included in the... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 19, 2020

Consult with your attorney and if you don’t have one employee one as these issues can become legally complicated real fast. Even lawyers have to sort through various facts to come up with a solution. Good luck. 888-343-4529.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What does a father need to have for a compelling case in order for him to have custody of his children.

Mother and father were never married. And mother chose to leave

The father has a stable income and a house for the children. He also has a minimal criminal record in the past.

Sharita Blacknall
Sharita Blacknall answered on Jan 19, 2020

Mothers and fathers are equal under the law. It boils down to what the past history of caretaking has been, what the future caretaking plan is and what is in the best interest of the children.

There are also factors related to financial ability to care for the children, living...
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1 Answer | Asked in Divorce for Texas on
Q: What is considered common law marriage in Texas

We lived together almost 20 years. Bought a house together in 1998 I thought we were going to be married he introduced me as his wife so they added my name on the deed with his last name and I signed using his last name.

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 17, 2020

You have a very good chance of having a determination that you all are married. Find a divorce lawyer. However, due to law you can not be separated more than 2 years in order to prove up a common law marriage. Good luck 888-343-4529.

4 Answers | Asked in Divorce and Family Law for Texas on
Q: Can I file a divorce case in dallas if I was not physically living there for the past 6 months ?? it was my home before

Lived in dallas for about 10 months then went to canada on a vacation and now in Virginia for 2 months.. can I still file a case in dallas for divorce as it was my marital home. Will the residency issue stop me from filing ? Current expecting my first child so cannot travel immediately

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You must have had Texas has your home state for the preceding 6 month period and been in the particular county you file in for 90 days up until time of filing in order to gain jurisdiction.

You will not be granted a divorce if you are pregnant.

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2 Answers | Asked in Divorce for Texas on
Q: My husband is a business owner. I’m a stay at home mom since 2015. In Texas how does alimony work? And child custody?

Husband is a business owner. Made a profit of over 11 million and still growing. I’ve been a stay at home mom since 2015. Can I fight for alimony and custody of children? He would end up giving the kids to his mother to raise. He lives eats and breaths his job. Kids barely see him or me.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 13, 2020

It's best if you consult privately with a divorce lawyer on this. Generally you have to have been married for 10 years to receive spousal maintenance in Texas. Child custody is based on the best interests of the children.

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1 Answer | Asked in Divorce for Texas on
Q: Can living in Dallas hotel count as residing 4 divorce? Belongings stored in Dallas. We travel and don't live anywhere.

When our lease expired in Dallas Co we went on a year long travel. Our belongings are stored in Dallas. Our car is registered in Dallas. My driver license is in Dallas Co.

We have been in one hotel in Dallas Co for 31 days and counting. My husband is draining our resources as a serious... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 12, 2020

You have to reside in Texas for 6 months and the county for last 90 days in order for court to be able to issue any orders. Good luck 888-243-4529.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: The non custodial parent hasn’t been served yet . He went to another state to avoid child support. Can I do enforcement

The woman he works for he lives with . She refuses to provide employee information so that they can serve him .

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 12, 2020

In order to proceed on an enforcement he will have to be personally served. Good luck.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: I need assistance with custody of my 4&6 year old.

My husband & I both want to keep full custody.I want to avoid fighting

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 9, 2020

That’s awesome for you all to come together for the benefit of your child! You should be able to obtain an attorney who can explain to you the options so that you can proceed accordingly. It will be less costly since you all agree. 888–343-4529. Good luck.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My sister's husband gave her a week to move out of their house . Who has custody of their baby?

He owns the house and said that he is going to keep the 9 month old baby. Without a custody hearing can he legally prevent her from seeing the baby, and can she take the baby with her when she moves into my place?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 8, 2020

Someone needs to get immediate legal temporary custody of the child without it both parents technically have rights to the child; however, the Courts will usually lean towards the mother of a baby especially if breast feeding or similar.

2 Answers | Asked in Divorce, Family Law and Child Custody for Texas on
Q: If you're seperated are you allowed to remove items from the home and property
Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 8, 2020

Until you have a court order that says anything different the property can be taken by either party. In order to avoid that you have to file a motion for temporary restraining order as it relates to the property issues. Let us know if we can help. 888-343-4529. Good luck.

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1 Answer | Asked in Divorce for Texas on
Q: I am needing to know how much a divorce would cost with no children and no property in erath county texas
Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 5, 2020

Attorneys charge various fees. It would be best to contact attorneys directly to get the estimate. But, if it is just a matter of getting divorced and no other issues it should not be that costly. Good luck. 888-343-4529.

1 Answer | Asked in Divorce for Texas on
Q: Can I get a divorce without a lawyer?

There are supposedly forms that can be filed diy.

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 3, 2020

Yes you can file your own forms for a divorce. It could be frustrating if you do it yourself. Most times there are problems that need repairing after one proceeds without an attorney. Good luck. 888-343-4529.

2 Answers | Asked in Divorce and Family Law for Texas on
Q: Do I need a lawyer to subpoena my ex-husband's financial records, who lives in another state?

I need my ex's financial records for two separate court cases, regarding child support modification and divorce. Do I need a lawyer to subpeona this information legally? We have been separated for two years and I am now unemployed and barely able to keep a roof over my daughters head. Long story... Read more »

David C. Adams
David C. Adams answered on Dec 30, 2019

You have two options: 1) ask your ex to give you the records you need, or 2) file a subpoena requesting the documents. I would recommend you hire an attorney if a subpoena is required.

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