Get free answers to your Divorce legal questions from lawyers in your area.
We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 18, 2024
An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.
My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 12, 2024
You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More
Or current value when sold
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 11, 2024
In a divorce, neither spouse is automatically entitled to any part of money paid in on a mortgage.
With respect to real property acquired by a spouse during the marriage, the property will likely be determined to be the community property of the spouses and will be subject to a "just... View More
Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 8, 2024
You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.
You don't mention exactly... View More
I agreed to pay 36 months of car notes for my ex wife in our divorce decree. Now I'm falling on hard times and struggling to pay it. If I don't pay, other than the vehicle being taken away, what happens to me?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 5, 2024
If you are unable to pay the car loan, your ex-wife can pay it and then file a lawsuit for indemnity against you for whatever she is required to pay on the car note. If your ex-wife fails to pay the car note and the lender repossesses and sells it, your ex-wife can sue you for whatever amount the... View More
That’s it
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 5, 2024
It depends on the facts and circumstances existing at the time of your divorce. During a divorce, all property you and your spouse own is part of the marital estate and is presumed to be community property until you prove by clear and convincing evidence that such property is your separate... View More
During ex-wife’s periods of possession they stay at their home w/ BF overnight (not restricted in our div decree), or on weekends they stay with him at his home 250 miles away in DFW. My 10 y/o son just told me with certainty that the BF has been smoking marijuana around him in both homes and... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 21, 2024
Because you have an existing court order and a new case seeking primary custody, you need to file a motion for temporary orders or, if there is an imminent threat to your child, a motion for a TRO. The facts stated in your question do not justify your violation of an existing court order in my... View More
During ex-wife’s periods of possession they stay at their home w/ BF overnight (not restricted in our div decree), or on weekends they stay with him at his home 250 miles away in DFW. My 10 y/o son just told me with certainty that the BF has been smoking marijuana around him in both homes and... View More
![Sharita Blacknall Sharita Blacknall](http://justatic.com/profile-images/1500218-1684851733-sl.png)
answered on Jun 23, 2024
If you believe your child is being abused, neglected, or exposed to harmful conduct due to your ex-wife's boyfriend's behavior, you should file for a modification of the custody order and request a temporary order. Present evidence of the boyfriend's drug use and criminal history.... View More
My husband, diagnosed as a clinical psychopath since his youth, has controlled me for 25 years. He limits my access to money, forces me to handle all financial responsibilities, and threatens eviction if I don't comply. Despite supporting him through addiction treatments and legal issues,... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 17, 2024
With respect to the criminal charge, if you are indigent, you will receive a court-appointed attorney.
Since you maintain that you are innocent of the charges, you should secure a hair follicle drug test as soon as possible to corroborate your testimony that the drugs were planted and do... View More
He currently has the 1 before we were married that is in my maiden name and refuses to make payments and will not return it. Its now in repo. He is ruining my credit. He has not contributed financially to anything. we were together only 3 months once he came home from prison and has not... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 17, 2024
During a divorce, all property owned or possessed by either spouse is presumed to be community property. That presumption can be overcome by clear and convincing evidence proving, for example, that you bought the property (i.e. the car) before your date of marriage. Because motor vehicle titles... View More
My husband, diagnosed as a clinical psychopath since his youth, has controlled me for 25 years. He limits my access to money, forces me to handle all financial responsibilities, and threatens eviction if I don't comply. Despite supporting him through addiction treatments and legal issues,... View More
![Vonnie Clay Dones III Vonnie Clay Dones III](http://justatic.com/profile-images/446642-1637512591-sl.jpeg)
answered on Jun 17, 2024
It is unfortunate that your husband would do such a thing after supporting him for 25 years. You will need to hire an attorney to argue your legal defense and obtain the best possible outcome which should be the dismissal of your case under the provided facts and circumstances. If you do not have... View More
Is there any legal defense a spouse would have against this tyranny?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 12, 2024
Yes. A spouse can file a petition for divorce on the ground of abandonment. TFC 6.005. The wife must prove the husband left with the intention of abandoning the wife and remained away for at least a year. In the divorce action, the wife will be entitled to a just and right division of the... View More
He has 3 corvettes and 2 pickups and they are most likely hidden under his daddy and brothers names hiding his ownership from SSDI and me. And I'm pretty sure he was behind the fire that melted my car he had dropped the insurance coverage on it 4 days before the fire and I have messages saved... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 10, 2024
It is true that an individual usually can destroy his own property. In a divorce proceeding, however, if a spouse has deliberately destroyed property like an automobile that was part of the parties' community property, the divorce court can award the innocent spouse a disproportionate share... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 6, 2024
If there was a trial, you need to prepare and submit written objections to any part of the decree that you think should not be included within ten days of when you receive the draft decree from opposing counsel. The court will then hold a hearing on your objections. You should be prepared to... View More
My ex-filed false protective order on me and got a favor done because she had connections with high up people that are political, I was forced to sign paperwork whenever the restraining order was broken because we reconciled and I was finding that she was married with a child before, and then my... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 3, 2024
You should hire an attorney experienced in divorce law in or near the county where your divorce proceeding is pending. Given the facts stated in your inquiry, you should seek out one with several years experience or one who is board certified in family law. You will almost certainly need to pay a... View More
20 days are up. Can I ask the court to grant default? What’s the name of the paper if I can ask?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on May 29, 2024
There is a mandatory 60-day waiting period between the time a divorce petition is filed and when the court can grant a divorce. When the 60-day waiting period elapses, if your spouse was properly served and has not filed an answer, you can file a motion for default judgment, set it for hearing,... View More
The house will have to be sold. I really can’t afford an attorney,what is my best option
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on May 28, 2024
A divorce which will require the sale of a residence and spouses located in different states is not a DIY project. While some attorneys are willing to work on monthly payment terms, you best bet is to secure a credit card or loan for $10,000 or so and use it to hire an attorney to assist you.... View More
We've agreed to keep vehicles in registered names w/o disputes. How do we add that in application to court?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on May 28, 2024
There is no need to add that in the petition for divorce. You should, however, put appropriate language awarding each vehicle to the respective spouse in your divorce decree with the remainder of your property division.
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](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.