Lawyers, Answer Questions  & Get Points Log In
Texas Divorce Questions & Answers
1 Answer | Asked in Divorce for Texas on
Q: I have a standing orders on a divorce case. So my spouse is refusing to pay our car insurance for both of our cars.

I have text messages of him agreeing to pay it since he lives 3 hours away. I have pictures of him with his mistress and he's always taking her out on dates. Can I filed a motion to enforce court order. Today is the last day before the car insurance is cancel. He bought a new phone. He... Read more »

John Michael Frick
John Michael Frick
answered on Sep 29, 2022

It depends on the wording of the "standing order" in your divorce case.

A typical "standing order" regarding auto insurance prohibits either party from: "6.3 Canceling, altering , or in any manner affecting any casualty, automobile, or health insurance policies...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: What is an assumption deed and how is it used in a divorce?

So does that give the disposed spouse full ownership of the property?

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

You are most likely talking about a Deed of Trust to Secure Assumption. In a divorce proceeding, if a residence has a mortgage and is awarded to one spouse, that spouse typically signs a Deed of Trust to Secure Assumption in favor of the dispossessed spouse to secure the payment or refinance of... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Looking for a divorce attorney in Spring Tx that can assist with resolving a marriage of 7 years with no children

This divorce will be based on financial abuse mental cruelty and alienation.

The question is who would be interested in a free consultation with me?

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

If there is property it is considered community . Usually. The split is 50/50 if their is fault 45/55

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: can my husband kick me out after 23 yrs this is my home to, he has a nw girlfrnd bt he told IRS we were married what do?

My common law boyfriend (now husband) is trying to kick me out of our home n i hv no place to go can he just do that to me? Help what can/should I do he has a girlfriend is why hes treating me like a dog csk . Over the last 20 yrs I believe I am entitled to at least half of what we got over the... Read more »

John Michael Frick
John Michael Frick
answered on Sep 26, 2022

In Texas, to prove a common law marriage, you will need evidence of 1) an agreement to be married, 2) after the agreement you lived together in Texas a husband and wife, and 3) in Texas, you represented to others that you were married.

Filing joint tax returns as a married couple is direct...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: My dad passed away and I received life insurance money. Also I’m receiving payments from the sale of his estate.

I want to know is my wife entitled to half of this money if we divorce?

John Michael Frick
John Michael Frick
answered on Sep 21, 2022

Upon divorce, usually a couple's community property is divided in a manner that the court deems "just and right." Generally speaking, when a lay person talks about a spouse getting half of something if there is a divorce, they are talking about the "just and right"... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Joint custody after out of state move.

Last year a California Court ordered a joint 50/50 custody "agreement" for our child. I have since moved to another state and am currently waiting on the next mediation and subsequent custody hearing this fall. In the meanwhile I would like our child to go to school with me in the new... Read more »

John Michael Frick
John Michael Frick
answered on Sep 19, 2022

It depends on the language of your custody agreement or order. It is typical for there to be a geographic restriction, but that is not always the case. It is typical for there to be language addressing the rights of each parent with respect to education. It may give one parent the sole right to... Read more »

2 Answers | Asked in Divorce for Texas on
Q: My wife had me served and had the server relay a nasty message. Then she had that server post it on tik tok. Is it legal

She and the server began following each other on social media. She was one of the first people to comment on it. But she denies doing it.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 9, 2022

Have your attorney subpoena process server to court during your hearing. He won't be laughing anymfore. File

View More Answers

1 Answer | Asked in Divorce, Probate and Estate Planning for Texas on
Q: Divorce DECREE Divested moms ex-husband of all benefits & life insurance but Valero paid him anyways. What do I do?

Mom divorce 02-12-18 Mom passes away 02-13-18. Divorce DECREE Divested him of all financial,interest bearing,money markets accts& life insurance policies. Life insurance is a Welfare Benefit in Texas,and he signed off rights to Moms pension but Valero paid him still. Probate Attorney filed... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

You should contact the personal representative of your mother's estate. If you are an heir of your mother's estate, you should have received a notice, which could be as simple as a letter, notifying you who that individual is. If you did not receive such a letter, you can look that... Read more »

1 Answer | Asked in Divorce for Texas on
Q: how to protect my assests I am seeking a divorce in texas, my husband has not worked in more that 15 years
John Michael Frick
John Michael Frick
answered on Sep 1, 2022

It depend on what those assets are and when they were acquired. Property acquired during a marriage is presumed to be community property; however, property acquired before marriage and any property acquired during marriage by gift or inheritance is separate property if you can prove it by clear... Read more »

1 Answer | Asked in Divorce and Landlord - Tenant for Texas on
Q: a divorce and decree order if one spouse was awarded sole property but both spouses are on the ownership can 1 evict

But on the 2 other properties the other spouse was awarded the properties yet one of the 2 properties is still in the other spouse's name And taxes are owed on all 3 properties Also no deed of ownership has been presented from the spouse trying to evict from the 1 property. Also the public... Read more »

John Michael Frick
John Michael Frick
answered on Aug 29, 2022

Technically yes, but a justice of the peace may refuse to evict the spouse until the appropriate deeds have been signed. Whenever a divorce decree divides real property, the dispossessed spouse can be ordered to sign a Special Warranty Deed conveying title to the spouse awarded that property.... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: Am I responsible for my son damaging his cell phone that the other parent provides?

Am I responsible for my son damaging his cell phone that the other parent provides?

My son's mother has consistently insisted my son use and have access to the device she provides. I have never been given access to this device but have allowed it be used by my son to avoid drama. My... Read more »

John Michael Frick
John Michael Frick
answered on Aug 29, 2022

Under section 41.001 of the Texas Family Code, a parent who has the duty of control and reasonable discipline of a child is liable for property damage proximately caused by the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent to... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Appeals / Appellate Law for Texas on
Q: a divorce and decree order if one spouse was awarded sole property but both spouses are on the ownership can 1 evict

But on the 2 other properties the other spouse was awarded the properties yet one of the 2 properties is still in the other spouse's name And taxes are owed on all 3 properties Also no deed of ownership has been presented from the spouse trying to evict from the 1 property. Also the public... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 25, 2022

This is a thorny question. I would need all documents involved to give you a solid answer.

Get a good appeal attorney.

Good Luck!

1 Answer | Asked in Divorce and Bankruptcy for Texas on
Q: In my divorce decree in 2017 states that my ex has to pay off a loan against a life policy every month he stop and fille

Bankruptcy. I was granted the life policy on him. I did the 410 form twice. And sent it to 2 different address. His lawyer and he do not want to pay. I paid it off due to interest rate. What do I do.

Timothy Denison
Timothy Denison
answered on Aug 23, 2022

Make a motion to hold him in contempt in your divorce case.

1 Answer | Asked in Divorce for Texas on
Q: My daughter is married to 2 different men. Her second marriage is not valid in the state of Colorado. Does she have to f

File for divorce from her second husband

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 19, 2022

The marriage is void and she has actually committed a crime. She needs to divorce the first husband if she wants the marriage of second to o be valid.

1 Answer | Asked in Divorce for Texas on
Q: My wife sent a email divorce notice through attorney Should I respond to attorney email ?

My wife sent a email divorce notice through attorney. Should I respond to attorney divorce email notice myself or through a attorney ?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 14, 2022

It's always better to consult a lawyer

1 Answer | Asked in Divorce for Texas on
Q: Can a disabled husband receive spousal support in Texas if the wife wants a divorce and wants to leave.

August 2020 husband had quadruple bypass surgery. March 2022 husband had a stroke. Husband has no measurable income.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 12, 2022

Yes. Spousal support could be awarded

2 Answers | Asked in Criminal Law, Divorce and Federal Crimes for Texas on
Q: I hired a lawyer for my sons case last week. My son had court yesterday and the attorney didnt show. He has a trial set

For monday. Whats gonna happen if he doesnt show up again for the court

Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on Aug 3, 2022

The judge will likely reset the trial date if your attorney does not appear especially without knowing the reason why. Try to contact your lawyer and inform him of the trial date.

View More Answers

1 Answer | Asked in Divorce for Texas on
Q: I live in Texas. My husband wants to use the same lawyer in our divorce to save money.

I do not have my own lawyer and he set up an appointment for 9am in the morning and wants us both to go. We have been separated since sept last year and he moved out. He purchased his own home in Nov. he still owns the home I live in with our 3 kids as well

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 2, 2022

You can not use one attorney. The attorney can only represent one person. You can sign a waiver but do so at your own risk

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

Property

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 30, 2022

This is a community property state. You did not ask a question

1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Texas on
Q: After a temporary order , and finishing the order. Can the other party have a right to order a test without reasoning ?

I finished my life time recovery program on June 9th,2022. I was served a random court date for a hair and nail test. This started when I admitted to my husband I used when my son wasn't around. Due to the mental health and illness I was going through , I never had a criminal or drug history... Read more »

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

If you are ordered to do a drug test you need to get one done asap. If you used you need more treatment,

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.