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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce for Texas on
Q: My husband and I are getting a divorce he wants to stay in the house. We had it appraised at $240,000. $83,000 is owed
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 30, 2020

That is a statement, not a question. If you have a house, then one can buy someone out of the house, sell the house, or give straight over. Also, if you have other assets other than the house, you should put it all in the pot, spreadsheet for the division of the property.

1 Answer | Asked in Divorce for Texas on
Q: Is Texas a state where spousal support is ordered? Married 40 years, separated 5. Adultery & abandonment involved.

I am disabled & get a SS check & have not worked for 22 years. He gets retirement & partial SS & military disability.

We separated about 5 years ago, he left with no warning but said he wouldn't divorce me, because he said I needed his medical insurance which he gets through his past... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Net resources for spousal support does not includes disability nor social security, but a retirement payment would be a resource he could pay you from. Time to see a lawyer

1 Answer | Asked in Divorce for Texas on
Q: I need someone to help I’m trying to get a fast divorce because my ex won’t leave me alone or my house

They Said by law because where married still there nothing they can do

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

If there has been family violence then you maybe able to file a protective order and get a kick out order, otherwise you file for divorce, ask for temporary orders, set for hearing, and then ask for exclusive use and possession of the residence pending a final trial.

1 Answer | Asked in Divorce for Texas on
Q: Will i be entitled to retirement benefits?

I have been married for 6 years and been together for 20 years. My husband retired in May of 2019. I am seeking to file for a divorce at this time.

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Texas regonzies a common law marriage. You may look for evidence that is older than six years to show an earlier date of marriage, but based on your questions, looks that since the date of the marriage you have six years of community property subject to division.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I want to get a divorce from my wife because she had 2 kids outside of our marriage. Can she take our house
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

She can always ask for the community property interest in that house. It is up to the judge based on your facts as to what share of the community either spouse should take. If she is with other men, and not paying towards the house, and you are living in that house making mortgage payments, very... Read more »

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: If I get a job can we have joint Custody of our kids and an easy divorce? We was gonna divorce last year and didn’t

Cause we was trying to make it work but he is real hateful to my mother and if he gets angry he talks to me like crap in front of the kids

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Employment can solve many problems, it may be make your divorce easier.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can someone please explain this wording for a morality clause? See more info

Unless married, each parent's romantic relationships are to be kept discrete with respect to the children at all times.

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Do not kiss and tell, is what I am reading.

1 Answer | Asked in Divorce for Texas on
Q: How do I go about getting a copy of the final court order for a paternity test that was done in 2011?
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

The county is which the order cam from should be able to give you a copy of the order for a fee. If you are not sure the county, then you would need to do a search for a court of continuing jurisdiction. Goggle " Inquiry On

Court Of Continuing Jurisdiction For A Child " and the form...
Read more »

2 Answers | Asked in Child Custody and Divorce for Texas on
Q: My wife will not let me see my daughter without her being there. We are not divorced yet. What do I do

My wife left with my daughter last September. We are not divorced yet but she says I can not see her without being supervised. Also every time she wants to set up a visit it is concierge for her only or if she is wanting something.

Matthew Valley
Matthew Valley answered on Mar 28, 2020

You need to get a family law attorney and go to court to get orders specifying when, where and how long you and her get to see your children. That way if it is “your time” and she refuses you can seek enforcement from the court, which can include jail time for her.

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1 Answer | Asked in Divorce for Texas on
Q: Do I have to provide documentation on court ordered paternity test for divorce if child is not mine?

So I’ve filed for divorce and we’ve been separated since 2006. She had a child after we separated and I was court ordered to take a paternity test which proved the child was not mine. Do I need that proof for my divorce or is it already in the system? I’ve already received a hearing and she... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 27, 2020

If you have a final order concerning the paternity issue then you can proceed to your divorce. The court on the divorce will need proof thereof. Good luck. 888-343-4529.

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Can I get custody if I do not work yet
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 25, 2020

As you asked this in a Texas forum, the court looks at the best interest test in awarding custody to one parent. The factors in the best interest test are called the Holly Factors and a short video can be found at the link below. https://www.youtube.com/watch?v=Re4LE3K643Y

1 Answer | Asked in Divorce and Family Law for Texas on
Q: If the respondent ignores his court date does petitioner win by default?

Divorce involves an 4 month old baby. Mother has TRO in place & father has been served.

Victoria Collins
Victoria Collins answered on Mar 13, 2020

The answer really depends on what the court date is for, but typically, as long as a respondent has been properly served (personal service on an original petition of most any kind) and they fail to appear at the hearing or trial, the petitioner wins by default.

1 Answer | Asked in Divorce for Texas on
Q: We bought a house in my wife name 8 months before we got married, I pay the mortgage am I entitled to it in a divorce?

We have been married for 10 years and I pay the mortgage.

Eric James Smith
Eric James Smith answered on Mar 11, 2020

Under Texas law, inception of title doctrine says that the home is your wife's separate property. Your income during marriage, however, is community property. So the community estate might have a claim for economic contribution to your wife's separate estate, but most courts recognise that you have... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I have filed all necessary paperwork, waited to 60 days. Can I serve my wife via certified mail?

I have filed all the necessary paperwork, waited the 60 days, and have tried to serve my wife myself however she is very obtuse to the situation and she’s just hoping it will go away. I am worried if I serve via a constable she will not answer the door. Can I serve her via certified mail?

Victoria Collins
Victoria Collins answered on Mar 10, 2020

An original petition must be served in person if she won’t sign a waiver of service. By the way, you did not have to wait 60 days from filing to serve, you have to wait 60 days after filing before finalizing the divorce. Once she is served, you have to give her at least 20 days to file an answer.... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Real Estate Law for Texas on
Q: Do I have rights to a jointly owned property after my divorce if it was put on the decree after I signed it

My ex-husband of just 3 days shy of 11 yrs filed for divorce in 2017 and put our jointly owned property on the divorce decree along with deeming himself custodial parent of our then 11 yr old daughter after I signed it. What rights do I have today as far as being compensated for the property and... Read more »

Victoria Collins
Victoria Collins answered on Feb 27, 2020

A Final Decree of Divorce is an order of the court, which means the judge had to have signed the Decree. If the Decree was never signed by a judge then it is not a final order. Since 2 - 3 years have passed since you signed the decree, its content cannot be changed IF a judge signed it, however;... Read more »

2 Answers | Asked in Domestic Violence, Elder Law, Family Law and Divorce for Texas on
Q: If my grandmother is in an abusive relationship with My Grandfather and she refuses to leave him what if I left him

Is it illegal if I leave my Grandfather somewhere stranded so my Grandma wouldn't have to be abused by him anymore

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 26, 2020

This sounds like a very bad idea, possibly abusing an elderly person.

Rather than take the law into your own hands, you might report your grandfather to Adult Protective Services and consult with an elder law attorney about how to protect your grandmother. You can locate one near you using...
Read more »

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1 Answer | Asked in Divorce for Texas on
Q: what do i need to do i wont a divorce and we do not have no ties holding us up.

we have not bin together in 10 to 15yers she has 5 kids and i have 3 i took DNA test for her kids whit the dallas DA.and thay wer not mine so we have no kids to geter

Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 12, 2020

Get the divorce. However, you may have to go through a bit more of a challenging process considering the fact that the children seem to have been born during the marriage. Good luck. 888-343-4529.

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: I am recently divorced and ex got the house. I was removed from Deed. She now wants to refi but can't on her own.

I am still on the current VA loan but she took sole responsibility for the house per the divorce decree. She's asking me to refinance the VA loan so the interest is dropped significantly. Will this effect me in any way beyond my current situation? Would her being solely responsible for the... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 9, 2020

You probably won’t qualify to refinance since you do not own any interest in that house. However, it will benefit you if she refinances the debt in your name. I don’t know the current loan situation. But, it sounds like you’re the one for paying the loan if she doesn’t pay it. Good luck.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: My sons mom and I are unmarried she filed through the OAG. Can I file for 50/50 custody and get the AOP from the CSRN?

I am a great dad. She took my son & moved 100 +mi away & filed with the OAG in her county after we had a good 50/50 custody going for months here. I don’t mind paying child support, but she’s keeping him from me. I want 50/50 custody. Can I file for custody in my county before the OAG... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 30, 2020

If you have not answered or showed up in court yet you may be able to request venue change. But, it has to be done as your 1st pleading or with your first pleading. An attorney should be consulted. Fight for that custody issue if that’s what you’ve been doing. Good luck. 888-343-4529.

1 Answer | Asked in Divorce for Texas on
Q: DIVORCE

my husband is in prison, and we have been married since sep. 2nd of 2005 i married him so he could see his son in jail while his son was a baby, i need a divorce from him asap, it is putting my life on hold. how can i get a divorce if he denys it. i know he will not want the divorce. we have no... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 30, 2020

You can get a divorce just as any other couple would except you have to serve him in prison. Let us know if you would like our assistance. Good luck 888-343-4529.

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