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Texas Divorce Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: Will having a relationship during divorce have an effect on me?

There is a domestic violence case between my husband and I. My husband also works out of town half a month. I’m trying to see how much effect a relationship would have on divorce, child support or custody. It’s been a consistent relationship and the kids have met and seem to accept him pretty... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 19, 2019

Introducing your kids to a new father figure in their lives could affect the way the judge views your case. You should divorce and end things properly. I've seen a mother lose custody of her kids because she moved in with someone that she had met.

1 Answer | Asked in Divorce for Texas on
Q: Would like to know what statement actually means.

Significant other is not indicted, does not have pending charges by information, is not on bond, is not on parole, and is not on probation for assault. Does this pertain only to assault or can not be on bond for any felony? Divorce court order pertaining to who can be around children

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 15, 2019

Your question is not clear. If this pertains to a criminal case pending consult a criminal lawyer and if it is regarding the order in a divorce then consult a family lawyer in your area. Good luck.

2 Answers | Asked in Bankruptcy, Divorce and Collections for Texas on
Q: Can an X-Spouse discharge a debt in Ch. 7 if the Divorce Decree states a specific debt can not be discharged in Bkrptcy?

URGENT: I’m in divorce final mediation... The respondent has made an offer to settle equity in property & has agreed to not include a specific debt in a Ch. 7 bankruptcy that he plans to file. Is it bankruptcy fraud if he agreed in final divorce decree to not discharge one specific debt listed... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

This is a mixture of State and Federal law. Bankruptcy law states you must list all debt in your name and a creditor doesn't care who it got assigned to in a divorce decree; all they care about is who took out the obligation to pay the debt in the first place - that is who they will seek to hold... Read more »

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2 Answers | Asked in Divorce for Texas on
Q: TX Uncontested Divorce

No alimony or minor children. Very amicable - agreed on all details. Both of us have IRA's, 401k's but do not currently draw retirement benefits. Is uncontested an option (as is our STRONG preference)? Does this change if my wife buys a house after filing but before finalized (not sure why she... Read more »

Victoria Collins
Victoria Collins answered on Nov 12, 2019

Yes, as long as minor children are not at issue, uncontested divorce is the way to go. As to your wife's purchase, she should wait until the finalization of the divorce, which can occur as early as 60 days after the initial filing. If however, she purchases the house before finalization, the final... Read more »

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2 Answers | Asked in Divorce for Texas on
Q: What is citation by way of ESERVE? Anticipated Server ESERVE in a divorce case?
Chad Zubi
Chad Zubi answered on Nov 8, 2019

Eserve usually refers to electronic service through an electronic filing manager. Not all pleadings and motions need to be delivered by personal service and sometimes documents are served on other parties using an electronic filing manager, hence the term Eserve.

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1 Answer | Asked in Child Support and Divorce for Texas on
Q: I am filing for a divorce. I have submitted most of the paperwork required on the Final Decree of Divorce forms.

I missed some forms required / to accompany this forms. The final decree was sent back with the checked information that I was missing.

"Wage Withholding Order was not submitted". I have been using the tool kit to submit the forms. In this case, my ex husband to be is not working for an... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 31, 2019

Contact the Court's Staff Attorney for guidance.

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Texas on
Q: Case dropped by opposing attorney

I drove just over 2hrs to court this morning only to have the opposing attorney tell me she has to drop the case due to another bigger case. Do I have any recourse in this situation? She said that eventhough it was dropped I would have to return to court around mid December time frame. Is this... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 30, 2019

The case just may just be reset. Call the court coordinator to confirm the court date and what it is set for. Good luck 888-343-4529.

2 Answers | Asked in Divorce and Family Law for Texas on
Q: Is spousal maintenance and division of retired pay the same thing in TX.

I received a citation to appear in court that states, " ORDER TO APPEAR AND MOTION TO SET PETITION FOR ENFORCEMENT OF SPOUSAL MAINTENANCE", I have been divorced from her since 2002. The original petition was for division of retired pay not spousal maintenance.

Jon R. Boyd
Jon R. Boyd answered on Oct 29, 2019

No.

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1 Answer | Asked in Divorce for Texas on
Q: I want divorce but she said she will never sign what can i do

we have been seperated over a year i want to move on with my life but my divorce is stopping me

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 27, 2019

Find an attorney and make sure you have her address for her home and work would be good too. Then get her served with the petition and move on. She does not have to sign for you to get a divorce. Good luck. 888-343-4529.

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: What is typical cost for pro Forma document to purchase a home during a divorce. Can it be done quickly and inexpensive

Want to put an offer in on the home and need a pro Forma document , can it be done quickly and not break the bank so I don’t miss out on this home?

Jon R. Boyd
Jon R. Boyd answered on Oct 25, 2019

Ask local Title Company.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can I put an offer to purchase a house while in the process of divorce as long as I do not close until divorce is final?

My wife and kids are moving out of state we are going through divorce and waiting in court date for non contested divorce. I have found a house I want to buy and want to put in an offer. My wife doesn’t want anything to do with the house or any compensation for it/from it. Can I put an offer... Read more »

Jon R. Boyd
Jon R. Boyd answered on Oct 25, 2019

Yes and No:

NO, because if you do it will be considered to be Community Property subject to division by the Court. The "inception of title" begins with signing an Earnest Money Contract, not closing/receiving the Deed.

YES. However, there is a specific way to structure the...
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1 Answer | Asked in Divorce for Texas on
Q: I was informed that I signed off on receiving no part of ex's pension after 23 years and stay home mom. I had no lawyer.

We divorced after his long term adultery. He said I didn't need an attorney. I must be an idiot to trust him. I wasn't well-versed on financial benefits such as IRA's, Pensions and such. Apparently I signed the divorce decree which gave me 0$ in the way of pension after 23 years of marriage, 15 of... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 24, 2019

Sadly if you’ve executed a valid waiver and then decree you have probably given up those claims. If you have additional facts that may change your scenario then seek legal help. 888-343-4529.

3 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: i am married my wife is being a * and im needing a DNA testing for my youngest kid. and i also was needing divorce help

my wife is dating her boss and is always away from home and i was needing to know how i can get custody of both kids until im able to we get dna testing done for both of my boys

Jon R. Boyd
Jon R. Boyd answered on Oct 17, 2019

Right up my alley. Give me a call and let's go after her. -Jon R. Boyd. 817-338-4500.

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2 Answers | Asked in Child Support, Divorce and Family Law for Texas on
Q: After marrying my husband I closed the child support case. Now we are getting a divorce. Can I reopen? 3yrs later (TX)
Jon R. Boyd
Jon R. Boyd answered on Oct 17, 2019

The child support would be addressed in the divorce. You don’t need a separate OAG case.

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1 Answer | Asked in Divorce for Texas on
Q: If I move out(no kids)to get out of a Dysfunctional marriage before I file for divorce and my spouse files immediately ,

Can my spouse possibly win every thing in the divorce settlement claiming Abandonment when in fact I am removing myself from a hostile environment?

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 10, 2019

The court will divide property and it does not matter if you file first. Consult an attorney.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My husband (we are currently separated (still married), I know Ft Worth, Texas is a community property State.

The tax bills are in his name. He says that I don't own any part of the three lots in Benbrook, Texas because they show him as "owner". I told him that Texas is a community property State. He doesn't believe that I have a part of the ownership.

Jon R. Boyd
Jon R. Boyd answered on Oct 6, 2019

Texas is a community property state, but if you didn’t marry by marriage license, you will have to prove you are common law married.

You may qualify but it is an intensely fact dependent determination. Call me tomorrow at 817-338-4500 if you would like to meet with me me to analyze your...
Read more »

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1 Answer | Asked in Divorce for Texas on
Q: how do I get a TRO for the husband that I am divorcing?

I've been receiving threaten emails and non stop phone calls to my work

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 3, 2019

Request a TRO from the court in which you have filed the divorce.

1 Answer | Asked in Divorce for Texas on
Q: I filed for a divorce in Texas my ex moved to California a few months ago and just filed a special appreance.

I don't how to respond to it

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 2, 2019

Without more facts he may be entitled to such.

1 Answer | Asked in Divorce for Texas on
Q: Paid 33000 towards the mortgage over 7 years.Wife files for divorce. sells house and moves before divorce is final

She served petition for divorce 2 weeks before the new owner moves in.what can the husband do?

Victoria Collins
Victoria Collins answered on Sep 29, 2019

There are too many other facts needed to answer your question. Is the house community property; e.g., was it purchased during the marriage with money owned equally by the spouses? Was the $33000 community property? Are you the husband, the person who paid toward the mortgage, or both? I suggest... Read more »

1 Answer | Asked in Divorce for Texas on
Q: How do you set aside a complaint divorce

I did not receive anything. My spouse lied to the courts and told them that she did not know were I was are how to get in touch with me. When in fact She did have my number and address

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 22, 2019

Hire an attorney to discuss practical and legal remedies. If you have not lost any valuable property or rights concerning your children, if any then it may not be a practical avenue to fight it.

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