I hired a law firm in 2021 for an uncontested divorce. Since then they have scammed me out of 10,000$ and have made zero progress on my case. About 6 months ago we were told that the law firm is no longer in operation. I cannot get ahold of them or anyone from the firm.
I am wanting to go... Read more »
answered on Jun 1, 2023
1. Identify the individual lawyer or lawyers who have appeared in your case. Typically, they are listed by name with the State Bar numbers in the signature block of each pleading filed in your pending case.
2. Go to the State Bar of Texas website and look them up to determine current... Read more »
Do I need to file for divorce first then full custody’s or vice versa? Can I do both at the same time? How much does it cost?
answered on Jun 1, 2023
In a typical divorce case where the spouses have children, the suit affecting the parent-child relationship (custody, etc.) is resolved in the same action at the same time as the issues involving the divorce and division of the spouse's marital estate.
In a situation where one spouse... Read more »
I was divorced a while back and was told I could not get any lien. I am seeing other wise now.
Can I file for an owelty lien on my own?
What do I need in order to file one? Such as a form and or my divorce decree?
If I do one, how long does it take to go into effect?
answered on May 31, 2023
An owelty lien is placed on real property at the time of divorce, not after.
A competent divorce lawyer would always place one if one spouse is awarded ownership of real property but is required to pay the other spouse money for his/her interest in the property.
If your divorce... Read more »
We never lived in the same house together because of her gambling addiction and she is financially irresponsible habits. She said no when I told I want a divorce and she said she would drive up the cost of the divorce if I tried to divorce her so I couldn't afford one. What can she contest if... Read more »
answered on May 30, 2023
Yes. She can just say no. She can refuse to sign an agreed decree.
At some point, you or she will have to set the case for trial and complete pretrial preparations as ordered by the court.
And yes, that will increase your legal expenses if you have a lawyer. By how much depends... Read more »
I was awarded $45,000 (in our divorce) when the house my ex and I has sold. He is not a nice guy and will not freely give me the money. I can't afford a lawyer either if it goes down this way. I am on the mortgage and he is on the deed. Because I am a co signer the realtor said she won't... Read more »
answered on May 30, 2023
The title company should withhold the money from the purchase price at the time of sale and send it to you.
You will likely be required to attend the closing and sign documents. If your divorce was handled by a competent attorney, you should an owelty lien securing the $45,000 payment owed... Read more »
Can I do all of this using the Texas e-filing portal? Or must I go the clerk's office?
Spouse is incarcerated. Marriage took place during incarceration. Spouse will not contest.
Thank you.
answered on May 26, 2023
Legally, you can always represent yourself in your own divorce proceeding.
It's like rebuilding a car engine. Legally, you can rebuild your own car's engine. It's probably not wise if you don't know what you're doing.
Many people with substantial legal... Read more »
Last week my wife's attorney has requested an inventory and appraisement from me. The assets we have accumulated during our marriage include cash in our bank accounts, an SUV and sports car, furniture, and her 401k and Roth IRA. On the other hand, the only liabilities we have are $10,000 in... Read more »
answered on May 24, 2023
It is not always required but it is often required and is very useful. In many instances, spouses "forget" about assets like accumulated frequent flyer miles, unpaid bonuses, etc. Taking the time to complete a thorough and accurate Inventory and Appraisement helps the parties and their... Read more »
After my wife initiated the divorce proceedings, I quickly responded with a general denial and a Counter Petition that I found online, as I was eager to avoid a default judgment and have a say in the division of our marital estate.
Currently, we have a pre-trial conference scheduled in... Read more »
answered on May 24, 2023
Unless there is already a scheduling order in place which imposes a pleading deadline, you generally can freely amend your counter-petition up to seven days before your trial setting. Ordinarily, a court must allow you to amend your pleading, but may grant a continuance to avoid surprise or unfair... Read more »
Since my wife filed for divorce earlier this year, for now I am currently representing myself in my divorce case as I am working hard to save up enough money to hire an attorney, hopefully next month.
During this time, I am conducting basic discovery to gather evidence related to my... Read more »
answered on May 24, 2023
It is typical to use as evidence a printout of an entire thread of text or SMS messages between two parties so that the entire context of the conversation can be viewed. The printout usually has different colored bubbles for each participant with the date and time of each message and the phone... Read more »
I'm representing myself at the moment until I save up enough money to hire an attorney in the next couple of weeks.
After submitting Answer of General Deniability & Counter Petition, my wife's divorce attorney emailed me proposing to schedule mediation to negotiate the... Read more »
answered on May 24, 2023
Probably. And I like Mr. Frick's answers. Seems a little strange that your wife has all the cash and you have all the CC debt, and you cannot afford an attorney. Most Courts can order the spouse with all the money to pay attorney's fees for the other spouse with no money, although the... Read more »
I'm representing myself at the moment until I save up enough money to hire an attorney in the next couple of weeks.
After submitting Answer of General Deniability & Counter Petition, my wife's divorce attorney emailed me proposing to schedule mediation to negotiate the... Read more »
answered on May 24, 2023
The email from her attorney appears to be normal standard operating procedure. Most judges require mediation if the parties do not enter into an agreed decree of divorce without one.
You say your wife has control over a HUGE cash stockpile in her account. How huge? Huge is relative.... Read more »
In March 2023, my wife filed for divorce in Dallas, TX which is where we both live. I responded with my Answer and Counter Petition. We're in the discovery phase after completing Initial Required Disclosures. She hired an attorney using her substantial cash reserves, while I lack financial... Read more »
answered on May 23, 2023
When you submit your Motion for Interim Attorney's Fees in Texas, you're essentially asking the court to order your spouse to pay for your legal representation. It's important to understand that most attorneys consider the award of attorney's fees by the other spouse to be a... Read more »
answered on May 19, 2023
A reliable answer to your question can only be given after a full review of your respective financial circumstances.
That said, domestic relations SUPPORT obligations (spouse or children) are generally not modifiable by a bankruptcy court. However, payments in the nature of property... Read more »
The house is very unhealthy. I divorced my wife because of this now I'm homeless. Section 8 is allowing a single woman to live in a house with 12 to 15 cats. The ammonia smells so strong it burns your eyes and nose. It's not healthy for her it hasn't been healthy for me in about 12... Read more »
answered on May 10, 2023
As her husband, you unquestionably had a greater say about this situation than any Section 8 agency.
You might be able to make some headway reporting her for animal cruelty if the health of the cats are endangered. As for her own health, that is really something for her to decide for... Read more »
answered on May 8, 2023
You can file a verified motion to recuse the judge for bias. You will need to attach a sworn affidavit signed by a person with personal knowledge attesting to facts showing that the judge is biased. Bias cannot be demonstrated based solely on a judge’s rulings and decisions during the course of... Read more »
We've been married 20 years, our children are adults, the mortgage is in both names but he's agreed to let me stay in the home, we both have retirement accounts (low value) and we've agreed not to touch each other's. I've called a few attorney's who are asking for a... Read more »
answered on May 5, 2023
A $5,000 initial retainer is extremely reasonable.
The problem with trying to do your own divorce is you don’t know to ask or research how to do something if you don’t know you need to do it.
You have a home and mortgage, so you will need a Special Warranty Deed and Deed of... Read more »
When the Respondent in an Original Petition for Divorce files a Motion for TRO, TI and TO into the case,
is the Respondent now the considered the Petitioner in the Motion?
Is the general rule that the person who brings the Motion for anything considered the Petitioner?
My... Read more »
answered on May 5, 2023
The party who files a motion is commonly called the Movant.
The party responding to the motion is commonly called the Respondent; but, if the motion is a motion for summary judgment, the party against whom the motion is filed is called the non-movant (a summary judgment cannot be granted by... Read more »
Trying to see who would get custody of our kids if the mom has history of addiction with drugs and mental health issues has not worked in about 3 years or be involved with the kids much.
The father has been there for the kids day to day things, worked and supported the family financially... Read more »
answered on May 3, 2023
When determining custody arrangements, Texas courts prioritize the best interests of the child. The court considers several factors, including the physical and emotional well-being of the child and each parent's ability to provide a safe and stable environment.
In a situation where one... Read more »
Of their time the judge awarded them can the other spouse evict them and a JP Court or do they have to go back to the court that granted the divorce
If the plaintiff does decide to file through the JP Court and is successful in the eviction can they later on file a contempt motion in the... Read more »
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answered on Apr 27, 2023
Great question.
If the Divorce case is still active, you can go to your judge and file a motion to dispossess (evict), your ex.
If you bring a copy of your divorce case Order which states that your ex must leave after a certain amount of time, you can go to Eviction court to evict... Read more »
answered on Apr 27, 2023
Not necessarily. The laws of the particular foreign nation govern whether that nation will acknowledge the validity of the US divorce decree.
In India, for example, a divorce decree by mutual consent is legal, valid and binding.
On the other hand, in a contested divorce case, India... Read more »
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