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Texas Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Texas on
Q: I was divorced in Texas 13 years ago and now my ex wife wants to claim 1/2 of my truck. Both our names remain on title,

as we both went our separate ways over a decade ago. At no point in this time has she requested or laid claim. Only now that i’ve approached her, 13 years later, about removing her name from the title has she decided I owe her half the value of the vehicle. Do i owe her this even though it was... View More

John Michael Frick
John Michael Frick
answered on May 21, 2024

In depends on what your divorce decree states. A divorce decree should contain a specific provision awarding any motor vehicle that was part of the marital estate to one or both spouses. If no such provision is included in your decree, there is a substantial question why not. Typically, upon... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Texas on
Q: Can me and my children still get the green card if I divorce the primary applicant?

My family and I got here from Colombia, because my husband had a special individual visa. Our green card has been approved but it now needs to be reviewed (which can take at least 6 months). I just found out he’s cheating. If I divorce him now, can I still get the green card for me and my children?

James L. Arrasmith
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answered on May 21, 2024

I'm sorry to hear about your difficult situation. The impact of divorce on your and your children's green card eligibility will depend on the specific type of visa and green card process you're going through. Here is some general information, but please know that it's best to... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What are the implications of not revealing a child born outside of the marriage during separation before divorce?

Husband and I separated 4 years ago, for one thing or another never got to finishing divorce process. I have been with current partner for 3 years and have a 1 year old. I didn’t disclose my marriage to the hospital at birth, so baby has his dad’s last name and acknowledgement of paternity. I... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Your husband is legally the presumed father of any child born during your marriage. It would be in your best interest to disclose the one-year old child, to disestablish the paternity of your husband, and to seek a paternity finding that your current partner is the father of the child. Not... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for Texas on
Q: Can I switch Jurisdiction to my County now, same State, at the time but now she moved out of State? (been a year)

Filed for visitation in my County but it got transferred to her County. During the process she moved out of State for no reason at all. I want my County to have Jurisdiction now. She has residence in the other state now.

John Michael Frick
John Michael Frick
answered on May 20, 2024

Jurisdiction and venue are established at the time a lawsuit is filed. The only way to make a change after a lawsuit has been filed is to dismiss the pending lawsuit and refile a new lawsuit in a court with jurisdiction and venue. In most "visitation" matters, the state and county with... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I find out the deadline for submitting evidence and witnesses in a divorce trial? I am pro se.

I have contacted the court clerk who referred me to the Texas Rules of Evidence, but those rules are not case specific.

John Michael Frick
John Michael Frick
answered on May 16, 2024

If there is not a scheduling order entered in your specific case, the deadlines set forth in the Texas Rules of Civil Procedure (not Evidence) and the Texas Family Code govern. Read chapter 301 of the Texas Family Code and Rules 192-195 of the Texas Rules of Civil Procedure, especially Rule 194a.

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: What type of Lawyer do I need to sue someone who has taken property that does not belong to them in Texas?

I'll keep this short as possible. Divorced a woman that I did not have children with but I had my own children. During the course of the divorce, she was granted sole exclusive use of the house and I was not. During that time her and her family liquidated my adult children's assets (who... View More

John Michael Frick
John Michael Frick
answered on May 16, 2024

Because your children are adults, they will need to hire an attorney, not you. An attorney with experience in civil litigation in or near the county where the property was taken ought to be able to file a lawsuit for conversion and under the Texas Theft Liability Act. Because of the nature of the... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Divorce for Texas on
Q: Can I file for divorce on my own, if I'm asking for NO court ordered child support for a 4 year old?

Spouse is in Harris County, however I now preside in Travis County. I'm not seeking child support and don't want a legal battle.

John Michael Frick
John Michael Frick
answered on May 13, 2024

Legally, an individual is allowed to represent herself (or himself) in court in Texas. It doesn't matter whether you are asking for court ordered child support or not.

Legally an individual can rebuild the transmission of her own car.

You have to ask yourself if you have the...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs

if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs with 2 kids now im trying to enforcement.. but just asking can i revoke divorce he makes twice more in his income

John Michael Frick
John Michael Frick
answered on May 7, 2024

No, you cannot revoke a divorce. If you were unaware of the previous divorce proceeding and did not receive notice as a result of some fraud or deception by your ex-husband, you could possibly file a bill of review.

Disparity in income standing alone is not a sufficient basis for an award...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Living restrictions through custody agreement

Eight years ago, my ex-husband allowed me to move outside of the living restrictions. I am now getting ready to move again, but it’s in a different county also outside of the living restrictions. Can he come after me or are those living restrictions now voided since he allowed me to verbally move... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

The geographical area restrictions in a custody agreement are typically incorporated into a custody order. Modifying the custody order requires another order of the court. A verbal agreement between the parents is usually not enforceable but, as long as he doesn't file anything with the... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: During divorce do I need a quit claim on the house

We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?

John Michael Frick
John Michael Frick
answered on May 6, 2024

Typically, as part of your divorce settlement, you would want a Special Warranty Deed to ensure that your wife's surrender of her community property interest is properly recorded in the Deed Records. A quit claim deed is usually used when someone does not have a clear interest in a parcel of... View More

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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: During divorce do I need a quit claim on the house

We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?

James Clifton
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James Clifton
answered on May 3, 2024

During a divorce, it's generally advisable to address any property interests, including the house, to ensure clarity and protect your interests going forward. Even if your spouse has expressed that she wants nothing to do with the house, obtaining a quitclaim deed can help to formalize her... View More

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1 Answer | Asked in Family Law and Estate Planning for Texas on
Q: Can a trustee manipulate beneficiaries of trust.before death because he didn't agree with wishes of incapacitated man?

.y friend lived with an Elderly gentleman for 2 yrs. Sheis a beneficiary in his trust. And the trustee and executor of estate took POA immediately. Came to house and took will and other stuff from house. Came back next day( mon)and bullied my friend. Telling her she was going to get a considerable... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

I think it would be very unusual for the person named as trustee in a testamentary trust not to have read the Will before the testator dies. Usually, the testator would discuss his Will and wishes with his trustee and make sure that the trustee is willing to perform those duties and will honor the... View More

1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: After a request for a De Novo hearing has been filed, what are the next steps? I am representing myself & need some advi

I am representing myself and need some guidance.

John Michael Frick
John Michael Frick
answered on May 2, 2024

If this is a request for a de novo hearing from an Associate Judge's ruling, you must set the de novo hearing before the district judge within 30 days of the date that the AJ issued his/her ruling.

You then proceed at the de novo hearing exactly like at the original hearing,...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: I'M NEEDING TO FILE FOR A DIVORCE BUT MY SPOUSE LIVES IN ANOTHER STATE. WE BOTH AGREE ON THE DIVORCE.

WE DO NOT HAVE KIDS TOGETHER. JUST NEED TO FILE

Brett Christiansen
Brett Christiansen
answered on Apr 30, 2024

In Texas, residency requirements for divorce cases are governed by Texas Family Code Section 6.301. According to this statute, either party involved in the divorce proceedings can establish residency in Texas, allowing the divorce case to be legally filed in a Texas Court.

Specifically,...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My wife lawyer sent me a email with a divorce date the next day and i didnt see it until a couple of days later. She

told the judge that i signed the divorce decree which i didn't and my ex wife got all three houses and all of her military retirement. We continue to live together for another year and one day she just put me out on the streets. I want to file a motion for a new trial or a motion for a modify... View More

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

The deadline to file a motion for new trial is 30 days from the date the divorce decree was signed. If you did not receive notice that the decree was signed, that deadline can be extended up to 120 days from the date the decree was signed, depending on when you first learned that a decree was... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: Do I have to file from Texas?

I finally got an address for the dad that’s been absent for a year can I file in his state or is it better to file in Texas? If so what do I file to keep my child and I safe from domestic violence on my end.

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

Under the Uniform Child Custody Jurisdiction Act, the state which is the "home state" of the child has jurisdiction over any court proceeding to establish paternity or conservatorship and possession of the child. A child's "home state" is the state where the child has... View More

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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Texas on
Q: Can I sue the lawyer who handled my divorce for malpractice in TX?

The lawyer who handled my divorce did not do anything I asked and she promised, she behaved unethically and lied to me. Please, can you provide me with the names of divorce malpractice lawyers in Texas?

John Michael Frick
John Michael Frick
answered on Apr 29, 2024

If your divorce lawyer's conduct fell below the standard of care and caused you to sustain damages, you can sue her for legal malpractice. How strong your case is depends on the particular facts and circumstances, the nature of your damages, and the likelihood you would have prevailed on the... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: When initiating a divorce, if the wife asks you to pack your bags and leave and you comply.canthisbe used againstulater?

Both names on the mortgage. One doesn’t want to lose any rights to house, kids, or assets.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

It can be used against you in a temporary order hearing to award the wife temporary exclusive use and possession of the house during the pendency of the divorce action. It will not affect a final disposition of the property in your divorce decree.

1 Answer | Asked in Family Law for Texas on
Q: Hello,My 16 year old daughter has recently given birth to a beautiful baby boy.

I was told by my HR department at work that I need to get a court order establishing me as a legal guardian to get the child added to my insurance. What is the process for filing an application for guardianship in Randall County Texas? Is an attorney necessary? Any idea what the costs are for this... View More

Gratia "Grace" P. Schoemakers
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answered on Apr 24, 2024

This is a family law process. You will need to prove that you have been taking care of the child for more than 6 months, (to give you standing), and then you need to sue your own child and the other parent of the child to get a court to agree that you would be a better full time parent that the... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What do we need to do if we feel the custodial parent household is not safe for children.

We have been having difficulty with the custodial household. We have had instances where the child has been neglected in hygine, health, and possible excessive punishments for small things. We have had to get in touch with cps several times and nothing is being done.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You need to hire an attorney with experience in family law to file a Motion to Modify in Suit Affecting the Parent-Child Relationship and ask for temporary orders. I strongly recommend that you stop communicating with CPS unless one of your children suffers a serious bodily injury or medical... View More

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