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Texas Divorce Questions & Answers
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 »

1 Answer | Asked in Divorce for Texas on
Q: After a 20+ year marriage, what are Texas laws for the home if one name is missing on the mortgage?

The home was purchase during the engagement; a few months prior to the marriage. Can a spouse add other names and / or sell without the other spouse?

Kelly Case
Kelly Case answered on Jun 26, 2020

The way a property is titled is irrelevant. If the home was purchased during the marriage, barring certain exceptions, it is community property and subject to community property division rules upon divorce.

1 Answer | Asked in Consumer Law, Divorce, Libel & Slander and Small Claims for Texas on
Q: If a married couple are both on a car title is it legal for one of them to use that title for another loan without

Approval or without telling the other person

Kelly Case
Kelly Case answered on Jun 25, 2020

While it is not the best practice for a loan company to grant a loan with only one of the married couple's signature on the documents, there is nothing illegal about it. Unless a divorce was currently pending and the County in which it was filed had instituted Standing Orders preventing the... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Do I have to continue to pay the family insurance if my husband kept the divorce decree active and I did not?

I have brought the house back from foreclosure and lived off of a half salary to pay the insurance. I llive on 1,500 per month and he has not made the house payments since January and he was already behind on the payments. I told my husband that he would have to take up the cost of insurance and he... Read more »

Kelly Case
Kelly Case answered on Jun 25, 2020

This sounds like it may be a potential contempt matter. If you have a written order where he was directed to pay these items, you may be able to have him held in contempt. You should seek the advice of a qualified Texas divorce lawyer to more specifically answer your questions.

1 Answer | Asked in Divorce for Texas on
Q: Because of covid 19 i got layoff and i need to file for divorce. Any advise?

My wife knows my financial situation and she is taking advantage that i cant file for divorce.

Kelly Case
Kelly Case answered on Jun 25, 2020

Courts have not closed and you can still file for divorce. Courts are operating on a limited basis but e-filing is mandatory in Texas so you can file for divorce. You may not be able to obtain temporary relief depending on what you are requesting but it would be a good idea to reach out to a Texas... Read more »

1 Answer | Asked in Child Support and Divorce for Texas on
Q: my son was born before the marriage. do i include him in the divorce?

he also is reserves army and barely helps with our son. how do i go about this? we also got married in louisiana and i live in texas do i have to file in louisiana?

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

You can file in the county where you live in Texas.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My husband has my son but he wont let me see him or even talk to him what can i do?
Chad Zubi
Chad Zubi answered on Jun 5, 2020

You can file a suit affecting the parent child relationship or file for divorce. The parentage suit will handle child visitation and rights and duties regarding the child. The divorce handles the same issues regarding the child but also deals with property division and maybe other issues... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I have been separated from my spouse for over 12 years now, do not where my spouse is and they are an illegal immigrant
Chad Zubi
Chad Zubi answered on Jun 5, 2020

If you want to terminate the marriage then you can file for a divorce and if your husband can’t be found then a lawyer can help you ask a court to fix that issue. To terminate the marriage you still need a divorce even if you have been separated for 12 years.

1 Answer | Asked in Divorce for Texas on
Q: My husband went to divorce court and didn’t tell me anything about it. I’m confused, I’m dying have 0 money HELP ME

He is taking advantage of my illness, if I die soon he doesn’t have to sell the house and he is already cheating. He gives me no money and my disability is 900 and I have to pay the electric bill my cell phone. I’m in the hospital going home on hospice so I need help as soon as possible.

Chad Zubi
Chad Zubi answered on Jun 1, 2020

I suggest that you contact a legal aid office or another program that offers low cost or free legal services. You are entitled to notice of the divorce lawsuit pending against you. It is important that you retain a lawyer to help you and here is a link on this site to free or low cost legal... Read more »

3 Answers | Asked in Child Custody, Criminal Law, Divorce and Family Law for Texas on
Q: Wife in FL, me Texas. Separated 》9yrs. Sent daughter back for 1 year. Wife wont send back, no orders can I take her back

My wife and I have been separated for over 9 years. I had custody of my daughter in texas for more than 5 years due to my daughter being found in the street in fl and being positive for drugs. The department of child services gave me custody. Her mom was able to get her back 2 years ago, but I kept... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 1, 2020

If their are Orders in place, they are probably still enforceable. However, your child's mother likely has a basis to modify those Orders since your daughter has been with her for so long. In my opinion, it would be very risky for your to engage in "self help" under the... Read more »

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1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Austin is having protests, I have a standing order in place. But I don’t want to possibly endanger my kids.

We are separated, divorce not final. She was served and the kids were with her at the time. Austin is in the middle of a protest. I have lawyers but they are not available to talk to. I have standing orders to not change the children’s residences...but I have no clue what that means. It says... Read more »

Chad Zubi
Chad Zubi answered on May 31, 2020

If there is a standing order in place then you are required to follow it. My interpretation of don’t change the children’s residence is don’t change where they live by moving unless the specified conditions have been met. It doesn’t mean that you are prohibited from following a possession... Read more »

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