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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Elder Law for Texas on
Q: Texas laws: Can Durable Power of Attorney for incapacitated adult file for divorce on behalf of incapacitated adult?

Child named Agent of elderly mother's Durable Power of Attorney in Texas. Father has been mentally & verbally abusive to mother for years & has been grossly negligent in his fiduciary duties of the family living trust. He has withdrawn substantial amounts from the trust & bank accounts for his own... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 13, 2019

Contact Adult Protective Services if you believe there may be financial, mental or physical abuse. Her agent needs to safeguard her assets, i.e. separate bank account, etc.

2 Answers | Asked in Criminal Law and Divorce for Texas on
Q: i am in need of a good lawyer for current charges against me i was set up by a lady and i am in the middle of divorce
Gary Kollin
Gary Kollin answered on Sep 13, 2019

You will need to contact lawyers individually and directly

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1 Answer | Asked in Divorce for Texas on
Q: Could I have information about a divorce/ with no children, and I have been disabled for11year weve been married for9

I want to divorce him, we have not lived together since March and before that he left me for almost a year and got someone else Pregnant and slept with multiple women, he’s on probation because of the violence behavior that he displayed in front of my parents house he’s verbally abusive not... Read more »

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

Contact the State Bar of Texas for a referral to other agencies that may be able to assist you since you are on a limited income. Good luck.

1 Answer | Asked in Divorce for Texas on
Q: How long is the uncontested divorce process? Why my divorce papers still pending and review
Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 10, 2019

The answer to that question depends on a lot that you question does not provide. But, in general you can have an uncontested agreed upon divorce granted in 60 days from the filing.

1 Answer | Asked in Divorce for Texas on
Q: I wanted to know what do I do to serve a divorce to my wife if I live in Las Vegas and she lives in Dallas Texas

There are also two minor children involved

Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 31, 2019

Consult with an attorney in the county in which your wife lives or an attorney where you live. Where you file will depend upon other factors regarding your residence requirements. Good luck.

1 Answer | Asked in Divorce for Texas on
Q: Am I in titled to any of his lawsuit.

I've been with my kids father for 11 years we are not legally married but to this day still live together. He recently got into a wreck with a commercial vehicle and had a major lawsuit. Now he is stating he no longer wants to be together and that I'm not in title to any of his lawsuit. He said we... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

You could be entitled to a part of the settlement depending on what he was awarded the settlement for. For example if he was awarded the settlement based on lost wages then you would be entitled to a portion of that. Secondly, you may be considered married under Texas informal marriage law if you... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: I have proof my wife is cheating I continue to pay everything he has threatened me can I prevent him from seeing my kid

My wife and I have been separated for 2 years, throughout these two years I have never disregarded my responsibilities, I have paid for everything and some, she has access to all accounts. She has been communicating with a former old friend and has developed a relationship physically and mentally... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

What you need to do is get an aggressive attorney to defend you in a divorce. Adultery is one of the factors that a court will consider in potentially giving you a disproportionate share of the community estate. Apparently she has become violent with you so that is definitely a factor that a... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Which date do I put for my marriage on divorce paperwork?

Our small private ceremony in Texas with exchanged jewelry (anklet) & witnesses (not registered with state): 12/22/11.

Full cohabitation: 2/1/12.

Claimed common-law marriage on 2012 Texas taxes.

Wife finishing degree (no cohabitation during): 5/1/12 - 12/1/12 (Her primary... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

I would say that you can claim that you have been married since the 2011 date when you formed your intention to be married in Texas and lived together as a married couple. To have a common law marriage in Texas you must satisfy the three following elements:

(1) Agree to be married...
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1 Answer | Asked in Divorce, Estate Planning and Elder Law for Texas on
Q: Is spouse's Defined Benefit Pension part of QDRO? Even though spouse selected single life annuity & no death benefits?
Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 22, 2019

What will go into the QDRO is a matter of negotiation.

2 Answers | Asked in Divorce, Estate Planning and Elder Law for Texas on
Q: Texas--Elderly parents retired & divorcing. Is wife entitled to husband's defined benefit pension plan?

Husband chose single life annuity monthly payments on his pension so he is currently receiving 100% pension payments. His pension will end at his death so wife will get nothing. Can wife claim part of his monthly pension payments when divorce is completed? Or can wife claim lump sum payment based... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 22, 2019

The safest way to handle this may be to get a Qualified Domestic Relations Order as part of the divorce decree.

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1 Answer | Asked in Divorce for Texas on
Q: I am wanting to file for Divorce in Texas we have 2 small children. My husband is not working, I have been the provider

My husband has health issues but is not considered disabled. Is there a possibility I would have to pay spousal support if so what is the most amount of time? Is there a possibility I would have to pay him the rest of his life? This is the one thing keeping me from filing i'm worried I would have... Read more »

Chad Zubi
Chad Zubi answered on Aug 16, 2019

The presumption is that spousal support is not warranted. If your husband can prove by clear and convincing evidence that after the division of community property and the confirmation of any separate property that he still cannot meet his minimum reasonable needs than there is a possibility that... Read more »

1 Answer | Asked in Divorce for Texas on
Q: can my husband kick me out of the house HE owns even though we were only married 5 months when he filed for divorce

his property is not marital property and is state of alabama.

Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 12, 2019

If you’re residing in the state of Alabama then those laws more than likely apply. Consult with a divorce attorney near your residence for valid laws applicable.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: I am wanting to file for divorce and obtain a temporary custody order. Is this something I can file on my own?

I have two children and want to make sure they are protected but I need to get the ball rolling as soon as I can.

Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 5, 2019

You could file it on you own. However, you sound like there is a serious need for attorney involvement because you state that your children need “protection”. 888-343-4529.

1 Answer | Asked in Divorce for Texas on
Q: need quick divorce..uncontested.. no property, no assets, no custody from spouse living in different state

My boyfriend and I want to get married but he is still legally married with someone he has been separated & living apart from for over 12 years and just never filed for divorce because he was incarcerated at the time and when released, could not afford an attorney. His ex has full custody of the... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 4, 2019

If the wife signs a waiver it would make it a quicker process.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Do I have to physically take my daughter back to her mother myself, or can I have my aunt take her.

My daughter is 9, her mother lives in kansas. Nothing in the divorce decree says anything about how she gets back as long as she gets back.

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

Read your order and see if it says a designated responsible adult can exchange.

2 Answers | Asked in Criminal Law and Divorce for Texas on
Q: Fugitive of Justice, class A misdemeanor

My partner has been deported from Europe to the States for overstaying his permit. At Jfk airport arrested because he missed his court date a year and half ago in Texas. He's been sent to a jail in NY and he will have to appear in court in two days. So it will make 6 days from his formal arrest.... Read more »

Grant St Julian III
Grant St Julian III answered on Jul 24, 2019

You must contact an attorney in the location where the criminal case is pending. Good luck.

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Could we choose the previous marriage date if remarrying under common law after the divorce in Texas?

We were married overseas on July 08, 2007 and declared our marriage under the common law marriage as per Texas law on February 02, 2008.

we got divorced on September 16, 2015. After the divorce, we started living together as husband and wife again. Now, we want to declare, once again,... Read more »

Jon R. Boyd
Jon R. Boyd answered on Jul 24, 2019

Hi, interesting question and one I don't see every day!

No, you cannot go back to the previous date of marriage and nor would you want to, in my opinion.

Hope this helps. Thanks- Jon R Boyd

1 Answer | Asked in Divorce and Child Custody for Texas on
Q: What do I need to do if wife left house, took only 1 of 3 kids, refuses to bring her back, she living on a frien couch

4th time in 5 years she walks out, I work from home and very well established. we have boy 12, girl 8 and another girl 4 (which is the one she took with her) shes running a failing business. she is living on a friends couch and refuses to bring the 4 year old back home. can she legally separate... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jul 20, 2019

The only way to address this is to file for divorce and request temporary orders. Good luck.

1 Answer | Asked in Divorce for Texas on
Q: My wife filed papers her self to divorce me. I have no problem with this however the vehicle she has in her possession

is financed and in my name. I would like the vehicle transferred to her name and have her responsibole for the balance due on the note since I due not have the vehicle. Do I need to hire a attorney to get this done?

Robert Allen Thornton
Robert Allen Thornton answered on Jul 10, 2019

Your wife will have to agree to assume the note on the car. If refuses to cooperate, then you will need to call a temporary order hearing. In the hearing you will need to ask the judge to order her to assume the note if she is to keep the car. That will then need to reduce what the judge says to... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: Can I file on my own or should I hire an attorney?

My husband is incarcerated, we have 2 small children and he is now threatening me accusing me for him being incarcerated. Who/How can I talk to about obtaining legal & full custody of my kids as well as protection from him not knowing where we stay. I have police reports from abuse and violence... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jul 9, 2019

You should hire an attorney especially since you are in fear of your safety. Good luck.

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