Get free answers to your Family Law legal questions from lawyers in your area.
Hi, I have been with my partner now for 17yrs but married for almost nine years. Living together for a total of 15 years. My husband surprised my children and I and bought us a house1 year before we wed. His name is the only name on the deed but I’ve bought all appliances and the entire home... View More 
answered on Mar 25, 2025
If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.
Otherwise, if the home was purchased by him before you were married, it is his separate property.... View More
I lived with my ex-fiancée in Texas for about eight months, and we were engaged for two months. We filed joint taxes under her insistence, but I later amended them to reflect my single status. After breaking up, she has continued to harass me, making false claims that we are married through common... View More
answered on Mar 25, 2025
The correct legal procedure is to file an original petition seeking a declaratory judgment that you were never married.
The joint tax return, however, presents a problem for you. Single taxpayers may not file a "joint" return even if they are living together. The filing of a... View More
I was put on child support by default without being informed about any court proceedings, and I'm unsure if the child is biologically mine. How can I address this situation, contest the child support order, and request a paternity test?
answered on Mar 20, 2025
You need to challenge the court order entered without notice to you. The best method for such a challenge depends upon the procedural facts of your case. You need to consult an attorney experienced in both family law and appellate law as soon as possible because all of your available remedies... View More
I have been separated from my husband for 7 years with no formal proceedings initiated. I am seeking advice on how to receive a portion of his pension. We do not have any existing agreements regarding property or the pension. Can you help me understand what steps I need to take?
answered on Mar 20, 2025
If you do not wish to divorce, you can enter into a partition and exchange agreement with your husband agreeing that he will pay to you as your sole and separate property a portion of his pension benefits upon receiving them and imposing a constructive trust on those benefits he receives to the... View More
I have been separated from my husband for 7 years with no formal proceedings initiated. I am seeking advice on how to receive a portion of his pension. We do not have any existing agreements regarding property or the pension. Can you help me understand what steps I need to take?
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answered on Mar 20, 2025
Under Texas law, community property rules apply to pensions earned during the marriage. Since you are still legally married, you may have a claim to a portion of your husband's pension accrued during the marriage. To pursue this, you will need to file for divorce and seek a division of marital... View More
I need legal advice on obtaining full custody of my 2-year-old child. My child's father, who is also my abuser, was released from jail after being convicted of misdemeanor indecent assault and has a prior felony aggravated assault charge against me. There is no custody order in place, and no... View More
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answered on Mar 13, 2025
I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent... View More
I recently remarried, and I want to update the deed to my property to reflect my new last name and add my new husband's name. My previous husband is no longer present, and there are legal challenges in obtaining a death certificate. How can I proceed with changing the name on the deed under... View More
answered on Mar 10, 2025
If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in yourold name as it appears on the deed to yourself in your... View More
I recently remarried, and I want to update the deed to my property to reflect my new last name and add my new husband's name. My previous husband is no longer present, and there are legal challenges in obtaining a death certificate. How can I proceed with changing the name on the deed under... View More
answered on Mar 10, 2025
If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in your to yourself in your new name before a notary public.... View More
What are my options if my former attorney, Trey Lavespere, and his assistant, Brandye Toombs, failed to provide adequate representation in a Suit Affecting the Parent-Child Relationship (SAPCR) involving my child, Kentrell? The Motion for Withdrawal of Counsel included misleading statements, filed... View More
answered on Mar 10, 2025
When an attorney withdraws, "ineffective communication" is often used as the reason instead of the "real reason" particularly when the "real reason" may be prejudicial to the client. Generally, attorneys should avoid prejudicing their client when they withdraw from a... View More
I wish to appeal the court's decision to dismiss me for lack of standing under the Texas Family Code, as granted in Ursula Gonzales' Motion to Dismiss. The court's decision was based on the evidence and testimony presented during the hearing, documented in the "Associate... View More
answered on Mar 10, 2025
A dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction. As the petitioner, you had had the burden of proof with respect to each fact necessary to establish your standing. Among other things, you needed to establish your biological relationship to the child, who... View More
I would like assistance pursuing a legal malpractice claim against my former attorney, Trey Lavespere, and his assistant, Brandye Toombs. They handled a Suit Affecting the Parent-Child Relationship (SAPCR) regarding my grandson, Kentrell Rogelio Martinez, which resulted in my dismissal due to lack... View More
answered on Mar 10, 2025
You need to locate an attorney who practices in the area of legal malpractice in or near the county where the lawsuit was pending. Ideally, such an attorney should also have experience in family law given the nature of the underlying litigation.
You need to gather together a complete... View More
How can I obtain a paternity test when my ex-girlfriend, who is pregnant, refuses to cooperate? I've tried discussing it, but both she and her current boyfriend are combative. There are no court orders in place yet, and I haven't consulted a family law attorney.
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answered on Mar 10, 2025
In Texas, you can file a Petition to Adjudicate Parentage before the child is born, but the court will not order a paternity test until after birth. Texas law does not allow courts to compel prenatal genetic testing.
Filing the petition early can help establish your legal interest in the... View More
I'm in the process of a divorce, and my spouse, who has a documented history of covert narcissistic abuse, has served me divorce papers three times but hasn't followed up with the court. My psychiatrist has documented my spouse's mental abuse. I am concerned that my spouse, who has a... View More
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answered on Mar 7, 2025
You can take control of the divorce process by filing for divorce yourself or filing a counterpetition if your spouse’s petition is still open. This allows you to move the case forward instead of waiting on your spouse. Hiring an attorney who will push the case forward can also help prevent... View More
I'm seeking to establish a common law marriage after my fiancé's passing. We lived together for nine years in Texas and had a mortgage on a home jointly. We also obtained a marriage license but unfortunately did not finalize it before a minister or priest as he passed away before the set... View More
answered on Mar 5, 2025
From your question, it does not sound like you meet the legal requirements for a common law marriage in Texas.
Assuming that you and your fiancé did not file a Declaration of Informal Marriage with the county clerk, you would have to satisfy three legal requirements:
1) You will... View More
I'm 16 years old and currently living with my mom and stepdad in Houston. My dad, who lives in Dubai, is preventing me from communicating with my 7-year-old brother, who lives in Portugal with my stepmom, because he believes I was involved in harassing my stepmom online. I want to wish my... View More
answered on Mar 5, 2025
You do not have legal recourse in this situation. As your parent, your father has the legal duty of care, control, protection, and reasonable discipline of you in the absence of a court order to the contrary. He also has the right to represent you in legal action and to take decisions of... View More
I have been in the U.S. for over 10 years, and my spouse and I have a joint account. Recently, I discovered that he has been transferring money from our joint account to his personal savings account, claiming it's for his bonuses. However, I've found instances from bank statements where... View More
answered on Mar 5, 2025
Yes, it is legal. Because it is a joint account, each of you has the right to make withdrawals or transfers of funds. It may, however, be a breach of his fiduciary duty to you as his wife if he uses any of the funds he transferred into his separate savings account without your permission... View More
I am an only child and my father recently passed away in Texas. He was an Army veteran and remarried after my birth mother died. I believe he left a will, but his current wife, who married him for a green card, has prohibited me from accessing any information. She even obtained a restraining order... View More
answered on Mar 3, 2025
As an heir at law, you can file an application to probate your father's estate in the probate court in the county where your father lived immediately prior to his death. HIs current wife would need to come forward with his Will if she contends that he left one. That will enable you to see... View More
I need assistance with filing for both custody enforcement and custody modification. The current custody order from 2018 includes vague terms with supervised visitation. Despite changes, where the father has unsupervised visits, the mother is now refusing any access. The father has tried to... View More
answered on Feb 28, 2025
The order shouldn't be vague unless you received only the ruling (1-3 pages on average), not the full final order (20-50 pages on average). Make sure you have the final order. If it's still vague, you may file your own modification suit (visitation) since you moved. It's probably... View More
I am still paying child support for my son who will turn 22 in April. He is enrolled in an online high school, but his mother is having him earn the minimum credits to extend the support requirement. The original order ends at 18 or upon graduation, whichever comes later, and hasn't been... View More
answered on Feb 27, 2025
Under Texas Family Code § 154.002, child support can continue past the age of 18 only if the child is actively working toward a diploma and meeting attendance requirements. Given your son's age and his lack of academic progress, you have grounds to seek termination of the support order.... View More
I have a 5-month-old son with my ex-girlfriend. We are not married, but I am legally recognized as his father and have been involved daily since his birth. Recently, she caught me on a dating site. I was on the site because we haven't been loving towards each other and have been sleeping... View More
answered on Feb 27, 2025
The first step is to file a Suit Affecting the Parent-Child Relationship (SAPCR) in family court. This will establish a formal custody and visitation arrangement and prevent her from making unilateral decisions about your access. You should also request a Temporary Orders Hearing, where the court... View More
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