Texas Divorce Questions & Answers

Q: Hi am getting ready to sign my divorce degree but I see a lot wrong with it and my lawyer is saying I can’t change it

1 Answer | Asked in Child Custody and Divorce for Texas on
Answered on Jan 18, 2019
Rahlita D. Thornton's answer
The question is why would you have a divorce decree if you were never married. That seems odd. I would suggest that you ask to have a conference with your attorney to explain these concerns as they are the best ones with knowledge about the details. Just tell the attorney that you are not understanding and ask for clarification. Good luck.

Q: Is there an attorney who does pro bono or reduced rate divorce for a victim of abuse?

1 Answer | Asked in Divorce for Texas on
Answered on Jan 13, 2019
Victoria Collins' answer
Try Lone Star Legal Aid on Market Street in Galveston.

Q: In Oklahoma , would common law marriage supersede legal court marriage in terms of divorce and the splitting of assets?

1 Answer | Asked in Divorce for Texas on
Answered on Jan 12, 2019
Rahlita D. Thornton's answer
Your question is being asked in the Texas section. I’m assuming you used to live in Oklahoma. Texas recognizes common law marriage but you have the burden to prove that you and your partner intended to be married and hold yourselves out as such. In a regular marriage with a license issued the proof is there.

Q: is There any type of legal document or court order to make my wife or Chase Bank transfer house money to my account

2 Answers | Asked in Banking and Divorce for Texas on
Answered on Jan 12, 2019
Rahlita D. Thornton's answer
I’ll assume the home was purchased after marriage. In that case it is community property regardless of whether your name is on the loan. If you are now pursuing a divorce you can ask that these funds not be used until everything is sorted out. Let us know if you need our help. 888/343-4529 or 888/3434LAW.

Q: Hello, I am going thru a divorce. Bought a house 2gether. Final stage. Am I entitled to half of house ?

1 Answer | Asked in Divorce for Texas on
Answered on Jan 10, 2019
Rahlita D. Thornton's answer
You've got a lot going on in your case and several questions. I think that since you are not able to afford an attorney look for legal aid organizations or bar associations in your area to assist you. Good luck to you.

Q: Can my spouse take my residency away if we divorce?

1 Answer | Asked in Divorce for Texas on
Answered on Jan 10, 2019
Rahlita D. Thornton's answer
You should consult with an immigration attorney as they would be best able to answer your questions as to immigration statuses. Good luck.

Q: My s/o and I went to c/s a year ago because She wanted the health insurance. Now she leaving and taking our 2yr old.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Answered on Jan 9, 2019
Rahlita D. Thornton's answer
Look at the order that was signed by the judge when you went to the child support court. It should also have some details about your visitation rights. Good luck.

Q: How do I find out if my fiance has been married and divorced. We live in San Antonio Texas

1 Answer | Asked in Divorce for Texas on
Answered on Jan 9, 2019
Rahlita D. Thornton's answer
Search the county records in San Antonio for the marriage license and the district clerk records in that county for the divorce records.

Q: Inheritance and divorce

1 Answer | Asked in Divorce for Texas on
Answered on Jan 6, 2019
Victoria Collins' answer
No you aren’t. An inheritance is separate property regardless of how the beneficiary chooses to spend it. Her paycheck however is income. And all income received during the marriage is presumed community property.

Q: I bought my home several years BEFORE I got married. Is it considered seperate propoerty?

1 Answer | Asked in Divorce for Texas on
Answered on Jan 4, 2019
Matthew Valley's answer
Assets acquired by a spouse before the marriage are separate property.

Q: Is the cost of a drug inpatient program responsibility of non-custodial parent? My daughter is 17.

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Answered on Jan 4, 2019
Victoria Collins' answer
The answer to your question lay in your Final decree of Divorce, your Order of Conservatorship, Mediation Settlement Agreement, or whatever document you have that lays out each parent's rights and duties. Whichever parent is responsible for medical care that is who must pay for the program. Sometimes this is a shared expense. Your being estranged from your daughter does not relieve you of your rights and duties as her parent.

Q: We both are non-US citizens and got married in US. We agreed to get divorce now in Texas. Do we have to go to the court?

1 Answer | Asked in Divorce for Texas on
Answered on Jan 2, 2019
Rahlita D. Thornton's answer
If either of you have been a Texas resident for at least 6 months then proceed in the county where this party has resided in last 90 days. Call us and we can get you taken care of. 888-3434LAW or 888-343-4529.

Q: My job is going to offer Health Ins but my ex has my son on Medicaid and is opposed. Do I have to cover him on my plan?

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Answered on Jan 1, 2019
Victoria Collins' answer
If your Final decree designates you as the parent who provides the child health insurance, then you are the one responsible to provide. Once you have added the child to your health plan, you may want to seek legal counsel regarding the modification of your support requirements so that you are not paying for Medicaid.

Q: Do you need a full phone number of the spouse to prepare and file the original petition for divorce?

1 Answer | Asked in Divorce for Texas on
Answered on Dec 23, 2018
Rahlita D. Thornton's answer
Fortunately you do not need a phone number. But, for sure a valid address would be essential to get the spouse served. If you need legal representation let us know. Thanks. 888-343-4529 or 888-3434LAW.

Q: what happens if I don’t sign my divorce settlement?

1 Answer | Asked in Divorce for Texas on
Answered on Dec 21, 2018
Rahlita D. Thornton's answer
There is a lot going on with these facts. I suggest you ask your lawyer for an in person meeting so that you can get a better understanding of what is going on with your case. Sometimes, we lawyers have to remember that using legalese all of the time does not always work. Good luck.

Q: How can emotional/verbal/narcissist abuse be proven in court? And how can it affect divorce outcomes?

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Answered on Dec 3, 2018
Ruby K Bolton's answer
You give a lot of examples of how you can prove verbal and emotional abuse in your question. Your own testimony at court is the most obvious. Anyone who has seen or heard your husband be abusive to you would also be a potential witness. The pictures and audio recordings are admissible, as is the smashed cell phone. If he is trying to get custody or you are requesting that he be awarded only supervised visitation, and he is resistant to this, you can request an Amicus Attorney be appointed to...

Q: My son signed a mediated settlement agreement he was uner duress and felt that he had to sign because he had arrest for

2 Answers | Asked in Civil Litigation, Divorce and Family Law for Texas on
Answered on Dec 1, 2018
Rahlita D. Thornton's answer
Generally, mediated settlement agreements are binding on all parties who signed the agreement. With the limited information provided it is probably unlikely that he can get out of that agreement.

Q: Will funds spent after divorce papers have been served be deducted from the settlement?

1 Answer | Asked in Divorce for Texas on
Answered on Nov 30, 2018
Ruby K Bolton's answer
The Court will not automatically deduct funds from a settlement. In most cases, the parties eventually reach an agreement. If you and your spouse agree to deduct those funds, than they will be deducted. If you have a trial and a judge rules, they will only be deducted if they were wasteful, fraudulent, or spent on a paramour. You are married until the day that you are divorced, so income earned during the marriage continues to belong to both of you.

Q: How is child support calculated in TX? Is it based on income or custody?

1 Answer | Asked in Divorce for Texas on
Answered on Nov 30, 2018
Ruby K Bolton's answer
Custody of children should be determined based upon what is best for the children. Far too often, we see people now who are only seeking custody in an effort to pay less child support. I hope that that is not the case with your spouse, and that if he is asking for 50/50 custody it is because he genuinely feels like the 40% of the time that a Texas Standard Possession order would give him would not be enough.

There is no hard and fast rule to set child support in a 50/50 case. I have...

Q: I was served divorce papers in Brazoria county on November 14th 2018. When do I have to respond?

1 Answer | Asked in Divorce for Texas on
Answered on Nov 30, 2018
Rahlita D. Thornton's answer
If you do not have a hearing date that you were served with then the standard is the Monday which will follow the elapsing of 20 days. Begin counting with November 15th. If there is a hearing date of any sort before then then you have to appear as well before the time passes however.

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