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1 Answer | Asked in Divorce for Texas on
Q: When i married my husband he had a house he just sold it and pocketed all the money.

We just purchased a home under both our names but did not put any money down from the sale of his house. I am now currently paying for the mortgage of new home. In case of a divorce am I entitled to the money he has from selling his previous home. When we lived there I contributed to the house... Read more »

Omar Darwich
Omar Darwich answered on Sep 24, 2021

If the husband owned the house prior to your marriage it would be considered separate property. However, you would be entitled to contributions.

The money from the sale of the house...is it in a separate account or has the money been comingled? I understand that it was not used as a...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: How can I terminate my lawyer?
Omar Darwich
Omar Darwich answered on Sep 24, 2021

More details are needed, but every client has the right to terminate their lawyer.

Letting them know would be a good place to start.

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Can my ex wife move out of state if there is a geographical restriction on custody order?
Omar Darwich
Omar Darwich answered on Sep 24, 2021

It depends on the facts of the case. Talk to your attorney.

Generally, a restriction will bind the children’s primary residence to one county and either the counties contiguous to their home county or places within a certain distance from their home city. Without an agreement or court...
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1 Answer | Asked in Child Custody and Divorce for Texas on
Q: I’m going through a divorce and my ex wife has made it almost impossible to see my children, I haven’t spoken to them

There was orders for supervised visitation, but she has refused to accept or agree on a supervisor for 6 weeks. So I’ve missed 3 visits with my children and am being refused contact on my sons birthday

Omar Darwich
Omar Darwich answered on Sep 24, 2021

If you have an attorney let them know asap if your ex spouse is violating court orders .

1 Answer | Asked in Divorce for Texas on
Q: In order to, file an uncontested divorce case, both spouse need to have lawyers or what is the deal. I am jobless.

I am jobless and cannot afford lawyer, need a lawyer to handle my case. Got three kids. I live in Jarrell

Omar Darwich
Omar Darwich answered on Sep 24, 2021

You don't necessarily need a lawyer to file a divorce.

If it's uncontested that means the parties have literally agreed on *EVERYTHING*.

I believe there are some resources you can find online, or perhaps at a legal clinic.

If it truly is an uncontested divorce...
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1 Answer | Asked in Divorce for Texas on
Q: Me and my spouce are doing a divorce kit but its all going to be non contesteted including our small house Will it work

We have a home she will not contest the sale can we do a divorce kit and do our selves?

Omar Darwich
Omar Darwich answered on Sep 24, 2021

Every divorce is unique, just like how every couple is unique.

Divorce kits can work and sometimes they "work" until they don't. Then you have costly mistakes to correct.

Personally, I would always recommend consulting with an attorney.

Cheap divorces don't always turn out cheap.

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: I am going to get a divorce. My spouse is threatening to draw it out for years. How long can he do that?
Omar Darwich
Omar Darwich answered on Sep 24, 2021

Divorces can get nasty, however, there is no way to drag out a divorce indefinitely. At a certain point the court will run out of patience to give continuances and you can drive that divorce.

In the end dragging out a divorce is costly for both parties and usually a lose-lose....
Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Civil Rights for Texas on
Q: Can I do anything about DA submitting a court doc with my personal info that is public if I am under witness protection?

I am under witness protection due to being victim of aggravated assault with a deadly weapon but DA has shared the witness list which is now public information online. This is also shared with the defendants lawyer. The list shows my name & address. Is there anything I can do? I've tried... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 23, 2021

Your situation seems terrible.

Witness protection can have different meanings and different levels of protection. The DA's office should have a "victim's advocate" or something similar. It is usually the task of that unit or person to handle your concerns. If that is not...
Read more »

1 Answer | Asked in Estate Planning, Tax Law and Agricultural Law for Texas on
Q: My mother just passed and she was 1/4 owner of 640 acres give or take. I was informed today that the other current

Parties want to sell. Since my brother and I inherited my mothers party what should we be asking

Isaac Shutt
Isaac Shutt answered on Sep 23, 2021

You should definitely meet with a probate lawyer. You will want some sort of official legal documentation to show that you now hold title to your mother's portion of the property. Plus, you want an attorney to make sure you're getting your fair share. Contact a probate attorney to see... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Foundation issues after sellers disclosure indicates no issue.

We purchased a home from a wholesaler - the sellers disclosure stated no issues with the foundation, while remodeling the house we found issues with the foundation & was wondering what remedy there may be for resolution.

John Cucci Jr.
John Cucci Jr. answered on Sep 23, 2021

All real estate sales are made with a written agreement. That agreement will likely have language in it that covers or does not cover any defects in the foundation. The fact that it was a "wholesale" purchase gives me pause as it may have been excluded from any warranty.

Find your...
Read more »

1 Answer | Asked in Traffic Tickets for Texas on
Q: I was in round rock and a cop from a different town pulls me over because I was speeding away from car, tried to hit me

He gave me a speeding ticket and I tried to explain to him the car that ran away from him was trying to hit me. He left as soon as the cop turned around. I slowed and stopped for the officer and tried to explain the situation

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Sounds like you have a defense to the speeding ticket. Plead "not guilty" and go to trial to present your evidence, be sure to bring independent witnesses or it will be you against the officer. Or you could see if you can go to traffic school. If the care did not hit you and there is... Read more »

1 Answer | Asked in Employment Law, Contracts and Tax Law for Texas on
Q: Can employer go back on commitment in writing on issuing W-2c ?

An individual worked respite hours taking care of elderly in 2020 but insurance company did not pay for hours worked. in 2021, insurance company agreed to pay for hours worked in 2020. By this time, individual was enrolled in school full time and had a financial aid package and grants in place.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

You should contact a local employment law or tax law attorney to help you. This BB is not for providing specific legal information for you to deal with a particular claim. Search for a local attorney on this issue here on Justia.

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can I pursue charges of bigamy? I believe my ex has been stalling our divorce to avoid child support of our 2 kids.

After fighting for jurisdiction of our divorce, and the courts closing down last year for coronavirus, my ex has has been uncooperative with my attorney in order to get our divorce before a judge and finalized. We’re currently headed to mediation. However, I just found out that he “remarried... Read more »

Omar Darwich
Omar Darwich answered on Sep 21, 2021

You should contact an attorney but generally speaking bigamy is actually a criminal offense under Texas law, although a defendant can escape conviction if they reasonably believed they were not already married when they entered their second marriage.

1 Answer | Asked in Family Law for Texas on
Q: Do they recognize common law marriage in Houston Texas?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

Texas, as a state, recognizes common law marriage.

There are elements you need to be aware of in order to have a valid common law marriage however

1 Answer | Asked in Family Law for Texas on
Q: In a family law case do the lawyers have to tell each other who they subpoenaed before the court date ?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

When a lawyer files a subpoena with the court, opposing counsel will be alerted.

Trial by ambush is long gone!

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: I recently discovered my divorce decree contains fraudulent, manipulated calculations. Who should I seek help from?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

you should contact an attorney asap.

find a family law attorney

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: What type of lawyer handles house assets after Mother dies amongst siblings

My Mother died her home was owned by her & 1 sibling. Does my Mother part that she holds into the home goes to her living children?

She does not have a living will

Isaac Shutt
Isaac Shutt answered on Sep 21, 2021

Yes. If she has no spouse and no will, then everything goes to her descendants. That would include her living children and also the children of any deceased child.

1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If income from p/t work put in 401k entirely (taxable income 0) does it jeopardize my SSDI?

MD would not release me for f/t work. Am RN.

Neuropsychiatrist eval established disability.

58 yo white female.

Offered PART-TIME transcription work (16 hr/wk).

Would be <1260/month.

Can't lose SSDI. Would this jeopardize it?

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Sep 21, 2021

Part-time work can be considered substantial gainful employment by the Social Security Administration. It makes no difference that you would be putting the money into a retirement account. SSA rules would still classify this as income and would need to be reported to SSA even if it is not taxable... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: How much bond for failure to appear in court for the second time in Texas for a DUI

The original DWI bond was 1000. Failure to appear in court the second time was 5000. What approximately would

it be to bond out for failure to appear the second time? I'm the only one that can bond myself out (I'm too high

risk for the bail bondsman) so I am bringing... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Sep 20, 2021

This is very simple. Hire a lawyer immediately and have him or her take you to court to arrange the new bond. The actual amount of your new bond depends on many things that only a good local criminal lawyer can successfully communicate to your prosecutor and your judge. Don't try to do this... Read more »

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