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Texas Divorce Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: My hudband submitted the petition for divorce and i submited the answer i dont know what is the next steps.
Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 23, 2022

You need to file a response to intial disclosures.

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: After being married for 40 yrs what am I entitled to as far as things we earned togethe a house and 61 acres that's paid

Off and about 22 head of cattle? And being verbally abused for 10 yrs?

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

Regular verbal abuse doesn't count as domestic violence under Texas law but it can if it includes threats to inflict injury, pain, or property damage. Talk to your divorce lawyer.

1 Answer | Asked in Divorce for Texas on
Q: I filed for divorce in Tx. I am unemployed and needing money to pay bills. Can I cash my 401k if we both agreed and sign

We signed final decree stating I get to keep my 401k and he keeps his. I need money to pay for my bills and food and divorce fees. Will I get in trouble if I cash it out now? I know they recommend to wait til after but my question is will I get in trouble if I cash it out. I really need money since... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 6, 2022

You can cash it in. You will have to.pay taxes on it but you will not be in trouble

1 Answer | Asked in Divorce for Texas on
Q: I have been married almost 33 years and a stay at home wife with no income or resources of my own,husband want divorce

I don’t know what to do how to start without funds

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on May 3, 2022

Get a job . Consult a lawyer to discuss what you would be awarded if you were to divorce.

1 Answer | Asked in Divorce for Texas on
Q: A vehicle was purchased before marriage who has the right to the vehicle
Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 1, 2022

Your vehicle is your separate property.

1 Answer | Asked in Divorce for Texas on
Q: My husband is in jail how can I serve him divorce papers
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 26, 2022

Hire a process server and they can serve him in jail

1 Answer | Asked in Divorce, Employment Discrimination and Sexual Harassment for Texas on
Q: If I expose my boss/dad for cheating with a coworker and divorcing my mom, will it effect her outcome if he's fired?

My dad is my boss at work. He left my mother for one of our coworkers. She's half his age and has only been there six months. She's made sexual advances at me that I blow off. Well he fell for it. The day after he left my mother I arrived at work and he started bossing me on things to do... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 10, 2022

I would find a new job and leave the drama behind. Your dad sounds like a jerk.

1 Answer | Asked in Divorce for Texas on
Q: Hi my divorced was granted last month, (default decree of divorce). My home was mine way before I got married.

She is not on the deed of the home either.The degree says confirmation of separate property of my home. How do I go about getting her belongings out legally. She's been gone 2 weeks and leaves her stuff behind so she can come in the home

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 6, 2022

Pack it and send it to where she is living or put it in storage and let her know where it is

1 Answer | Asked in Divorce for Texas on
Q: The judge in my case denied my No-Evidence Motion for Summary Judgment without explanation. The defendant did not file a

The defendant had not filed a response although he had more than the statutory 21 days to do so. I then filed a Motion to Set Aside the Judgment and quoted the Texas Rules of Civil Procedure. I have not heard anything, so what should I do? I have no way to know on what grounds the Court found... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 5, 2022

Motion to enforce has to be in person

1 Answer | Asked in Divorce for Texas on
Q: In the state of Texas if a husband owns a home prior to marriage and at some point refinances the home does ownership?

Wife & I have been married 9 years 9 months we I have filed for divorce. I owned 3 homes 2 with Mortgages 1 without, when we meet she owned 1 home with a mortgage. we sold all the homes at some point and kept the one home in which I had lived 12 yrs previously. She thinks that she is intitled... Read more »

Jennifer S. Hargrave
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Jennifer S. Hargrave
answered on Apr 4, 2022

In general, the character (i.e., whether it is community property subject to division or separate property) is determined by your marital status when you acquired the asset, also known as "inception of title rule." Since you were single when you bought the marital residence, it sounds... Read more »

1 Answer | Asked in Divorce and Business Law for Texas on
Q: I'm going through divorce and own a small business. The business is in my name. Do I have to split the profits with my e
Jennifer S. Hargrave
PREMIUM
Jennifer S. Hargrave
answered on Apr 4, 2022

Congratulations on being a business owner!

The business will be valued as part of your overall estate. The profits generated from your business can factor in to the overall value of your business. How your business is valued will depend on many factors, including the type of business...
Read more »

1 Answer | Asked in Contracts and Divorce for Texas on
Q: My lawyer send a deed of trust for the house im keeping, but in the deed I'm grantor and the other beneficiary

In consideration it says beneficiary has conveyed the property to Grantor, who as part of the consideration promised to pay the note assumed and to be bound by the deed of trust assumed. Just want to reaffirm that I will keep the property and will not give it to opposing party

Jennifer S. Hargrave
PREMIUM
Jennifer S. Hargrave
answered on Apr 4, 2022

In Texas, there are multiple real estate documents that get filed when one party is "buying" the other party out of the marital residence. This can be confusing because there are several documents that have "Deed" in the title. Here is an overview of what you need to know when... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My possession order states that if the custodial parent moves to a different county.

What happens if the custodial parent moves back to the same county? Am I then required to do the pick up and drop off once again? She has moved 4 times in the last 2 years and I do not see it to be fair for this to keep changing.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 3, 2022

It is unfortunate that the custodial parent keeps moving with the child(ren). I can only imagine, if they are school aged, how it's affecting their schooling.

If the court order requires you to pick up and drop off at the custodial parents residence, then would have to do that until...
Read more »

2 Answers | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: Is there a statute of limitations in Texas for having sex with a 16yo girlfriend when the boyfriend is 20yo?

After nearly 30 years of marriage, my hostile ex-spouse is holding this threat of "outing me" for being in a relationship with her when she was 16 and I was 20. (nearly 30 years ago) We were in a steady relationship until we married, and remained married for 23 years. She had some bad... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 29, 2022

According to Article 12.05 (5) of the Texas Code of Criminal Procedure, for certain crimes, if the victim was under 17 years old at the time of the alleged offense, then the 20-year time period of the statute of limitations starts on the victim's 18th birthday, not at the earlier date of the... Read more »

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1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: Does a cash sale of a San Antonio, TX home still have to go through a title co?

I was given $30k in equity in divorce, and ex also owes $15k settlement for property damage. Ex has said he won’t pay it. I was advised to go to the title company with divorce decree. So, I need to know if title company is always required, even for cash buys.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 26, 2022

If it is a cash buy you don't need a title company but if there are any liens on the property you will be stuck with them if you don't use a title company,

1 Answer | Asked in Divorce for Texas on
Q: Finale divorce decree stated to refinance a car. Ex traded it in instead. Is this going to be an issue with courts?

I’m concerned cause I’m in process of buying a home. I was advised not to have anything finance wise hit my credit. Ex wife knew I’m in the process and traded in car against what her and I both agreed on and was stated on final decree. She is to refinance in 90 days. Please advise?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 26, 2022

If your ex traded the car in I would assume that was her right. The car should show paid if full so I think that would help you, Yo also should be able to show them a certified copy of the divorce decree

1 Answer | Asked in Divorce for Texas on
Q: I live in Texas and my husband was deported back to Mexico. How can I have him served in Mexico.
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 26, 2022

Hire a process sever in Texas and they can help you serve him in Mexico,

1 Answer | Asked in Divorce for Texas on
Q: I am filing an uncontested divorce with no child. My husband and I have been separated for 15 years.

We get along and he will sign what he needs to. He lives in Arkansas while I live in Texas. So he will not be there when I file the final decree. Besides the petition and the final decree, what other forms do I need?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 25, 2022

You need a waiver of citation. And he also needs to sign the divorce decree

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: Ex is sellling home in TX for $90k below value. Divorce decree gives me $30k equity. He says he won’t pay it. Recourse?

The sale is a cash sale of a house in San Antonio, TX. Do cash sales still go through a title company?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 24, 2022

Review your decree. Did your ex have permission to sell the home for a price he choose without you agreeing. If you are suppose to get $30.000.00 take a copy of your divorce decree to the title company handling the closing

1 Answer | Asked in Divorce and Criminal Law for Texas on
Q: Spouse put spyware on my phone 6 years ago. Now we are getting a divorce. Can I file charges or to late?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 24, 2022

I donot think you can have him arrested but you may be able to sue him for invasion of privacy . Discuss the issue with your divorce lawyer

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