Get Free Answers From Experienced Lawyers!
I have not yet started divorce proceedings, but I need to deliver a waiver to my estranged spouse who lives in Canada. The only address I have is a PO box. Can I use registered mail for this, and are there any specific requirements for international service in divorce cases?

answered on Jul 10, 2025
The delivery of a waiver is not formal service of process. You can use any method of delivery you want to send your spouse a waiver to sign. You must include a file-marked copy of the filed petition for divorce with the waiver.
If your spouse does not sign the waiver, you will have to... View More
I am a permanent resident living in Texas, and I need to serve divorce papers to my estranged spouse who resides in Canada. The only address I have for him is a PO Box. Can divorce papers be delivered by registered mail under these circumstances, and are there specific cross-border considerations I... View More

answered on Jul 9, 2025
It depends. If you get the judge to let you serve papers via U.S. Mail, then yes, but you will have to show the Court you have tried other methods of service, and then file a Motion for Alternative Service. And then you will have to follow the Order of the Court precisely.
My... View More
I am a permanent resident living in Texas and want to file for divorce. My husband, whom I married in 2008, is a Canadian resident, and we separated in 2016. I haven’t seen him since and I'm unsure where he is living in Canada now. We have no children or shared assets or debts, as everything... View More

answered on Jul 2, 2025
Yes you can but there are some complications. You will need to get him served. If you have no idea where he is, the Court may let you serve him through alternative means other than through personal service, but you would at least have to see if you can track him down. A good attorney should have... View More
I am a permanent resident living in Texas and want to file for divorce. My husband, whom I married in 2008, is a Canadian resident, and we separated in 2016. I haven’t seen him since and I'm unsure where he is living in Canada now. We have no children or shared assets or debts, as everything... View More

answered on Jul 2, 2025
Yes, you can file for divorce in Texas from a Canadian resident husband, as long as you meet the residency requirements. To file in Texas, you must have lived in the state for at least six months and in the county where you intend to file for at least 90 days.
Since you haven't seen... View More
I am currently in a divorce proceeding filed by my wife, with no existing court orders regarding custody. My wife has a history of assault charges and has recently assaulted me, an incident that has been reported and is under review by the county. My children witnessed her brandishing a knife to my... View More

answered on Jul 1, 2025
It is possible. Every custody case depends on its own facts and circumstances. A history of assault charges, especially if they resulted in a conviction or the entry of a protective order, is certainly something that a court would consider in determining what is in the best interests of the... View More
I am a veteran living in Houston, TX, previously honorably discharged from the army. I'm in a same-sex marriage, currently separated from my wife who is in San Antonio, TX. She had a child with an acquaintance, and I am listed as the other parent on the birth certificate. I've financially... View More

answered on Jun 27, 2025
Under Texas law, if you are listed as a parent on a child’s birth certificate AND have provided financial support, then you are presumed to be the father. Aside from that, any child born during your marriage is also your presumed child. This legal presumption applies regardless of biological... View More
I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

answered on Jun 27, 2025
If your ex-husband is failing to make spousal maintenance payments or threatening to stop them, you can file a Motion for Enforcement of Spousal Maintenance in the family court that issued your decree. The court can order him to pay arrears, issue a judgment against him, and, in some cases, hold... View More
I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

answered on Jun 27, 2025
You can see if you qualify for pro bono legal assistance at one of the many pro bono legal clinics in the State of Texas. Legally, you also can represent yourself; however, I would not recommend it. Unless you are thoroughly familiar with the legal process and what needs to be done, I do not... View More
I was married to my ex-husband for 24 years, and our divorce decree does not mention anything about his retirement from the Judson School District. At the time of the divorce, I was dealing with an RA diagnosis and the proceedings, during which I claimed he was abusive. He was supposed to pay house... View More

answered on Jun 13, 2025
That question is a bit difficult to answer without knowing all the facts as it relates to the Final Decree, Mediation, court proceedings, and what discovery was done.
If the retirement wasn't mentioned anywhere, then you can claim that it was an undisclosed and undivided asset that... View More
My home is currently in receivership due to a divorce settlement, and the decree allows me to stay until it is sold. The receiver's orders state that eviction is possible only if I obstruct the sale, which I am not doing. Despite this, the receiver has filed a case in JP court seeking my... View More

answered on Jun 16, 2025
In Texas, JP courts have exclusive original jurisdiction over every eviction case. Even though the receiver was appointed by another court pursuant to its jurisdiction over matters arising from the Family Code, the receiver is required to file the eviction case in JP court.
At the eviction... View More
I'm facing foreclosure on my home, and although it has been temporarily stopped, I owe $13,520 by June 30, 2025. I can only afford to pay $10,000 by that date. My home is valued at $210,000, and I owe $70,000 on the mortgage. The mortgage company will not accept anything less than the full... View More

answered on Jun 11, 2025
Even if your lender has previously denied you, there are many alternatives to foreclosure including a repayment plan, modification, or forbearance. A repayment plan lets you make payments over time. A modification changes the terms of the loan to something you can afford. A forbearance stops the... View More
My husband filed for divorce on July 1, 2024, but I have not yet been served any legal papers. Since I cannot afford an attorney at this moment, how might I find help either pro bono or through payment plans? My main concern is the division of community property, as my husband believes I am not... View More

answered on Jun 4, 2025
Most lawyers only provide pro bono legal services through legal aid clinics. Such clinics have staff who can effectively screen applicants for indigency. The rules of procedure contain a provision which allows clients of legal aid clinics to be excused from paying court costs. Most legal aid... View More
I'm currently going through a divorce in Dallas, Texas, and the judge pointed out defective language in our filing concerning our child, who is now 18. There are issues related to child support and the child's well-being. Should I fix these issues in the current filing, or would it be... View More

answered on May 30, 2025
It would be simple to amend the existing pleading. An amended pleading replaces the previous pleading. Your attorney should be able to accomplish this very quickly and inexpensively.
My husband used over $20,000 of my personal property funds to pay off our house without my permission. Both the house and car, which were supposed to be gifts, remain in his name, and he refuses to transfer the title and deed to me. In September 2023, there was a garage fire that destroyed my car,... View More

answered on May 29, 2025
There are various legal aid organizations that provide pro bono assistance to indigent litigants, including Legal Aid of North West Texas. Almost all attorneys who provide pro bono assistance do so through legal aid clinics because they have staffs who can effectively screen applicants for... View More
I have been living in Midland, TX, since January 2025, and my wife has been living in Tennessee for about 17 months. We have no underage children, and our assets include four cars with outstanding loans. She lives in a rented house in Tennessee. Where should I file for divorce?

answered on May 29, 2025
Unless you previously lived somewhere else in Texas prior to January 2025, you will need to file for divorce in Tennessee.
Before filing for divorce in Texas, you must have been domiciled in Texas for at least six months and been a resident of the county for 90 days. Living in Midland... View More
per the divorce decree section of Property to Petitioner: ‘100% of Petitioner’s community property interest in the retirement fund named ***** ending in *****, save and except for the portion specifically awarded to Respondent in this decree in the amount of $$$$$’
retirement fund is... View More

answered on May 29, 2025
If the divorce decree says the Party is entitled to a percentage or a certain amount of money from an IRA or a 401K, unless both parties agree that the paying party will pay cash instead of a transfer from the IRA or 401K, the party will receive the funds via transfer from the 401K or IRA. The... View More
My husband filed for divorce and obtained the finalized divorce decree without my knowledge or consent. We were in contact during the proceedings, and he never mentioned the divorce to me. I have not received any notifications or signed any documents related to the divorce. What steps should I take... View More

answered on May 28, 2025
If your husband obtained a divorce decree without your knowledge or participation, you may have grounds to challenge it. Under Texas law, you are entitled to notice of the lawsuit and an opportunity to respond. If you were never properly served or did not waive service in writing, the court may... View More
I am in the process of getting a divorce in Texas. After getting married in the Netherlands, I inherited a large sum of money from my mother in June 2019, which I used to purchase a house and a business. Both properties are jointly titled in my wife's and my name, which I did because I wanted... View More

answered on May 28, 2025
Your inheritance would be considered separate property, and had you bought a house with that money and not put it in your spouses name, it would more than likely have remained your separate property, but once you put the home and business in both of your names, the Court will more than likely... View More
I am in the process of getting a divorce in Texas. After getting married in the Netherlands, I inherited a large sum of money from my mother in June 2019, which I used to purchase a house and a business. Both properties are jointly titled in my wife's and my name, which I did because I wanted... View More

answered on May 25, 2025
The money you inherited was originally your separate property. But when you used it to buy a house and a business and then put both in your and your wife’s names, the law assumes you meant to give her half.
Because of that, the court will probably treat both the house and the business as... View More
I am dealing with a situation where my ex-spouse is 15 days late on an alimony payment of $1500, which is due on the 1st of every month for five years as per our divorce decree. He has been late before by a few days, but this time, he is weeks late. There has been no communication from him, and I... View More

answered on May 15, 2025
It sounds like this is a contractual alimony payment as opposed to court-ordered spousal maintenance given the duration.
You should send a demand letter first, and then file a lawsuit for the $1,500 + interest at the rate of 6% per annum. Given the small amount, it will not be cost... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.