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Texas Divorce Questions & Answers

1 Answer | Asked in Divorce for Texas on

Q: My partner filed for divorce but refused to follow through. Now i want the divorce. Do i have to start all over again.

We have been separated since jan 2 2018 but decided working things out since January 2019. It's gotten really terrible again and i want out finally. Do i have to start the divorce process all over again or just get the final divorce decree, sign it and turn it in? My partner already filed for... Read more »

Rahlita D. Thornton answered on Jun 17, 2019

You can still pursue the divorce if you have pleadings on file yourself. It is unlikely that you filed the appropriate paperwork. Since you have a lot going on then I would suggest that you retain an attorney to finalize the case for you. We can assist you if you desire. 888-343-4529

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Texas on

Q: Can you get a no contact order if your spouse is in a different state?

Kiele Linroth Pace answered on Jun 14, 2019

Yes, threats of imminent violence can be the basis for a Family Violence protective order. Such threats do not even have to be imminent to be the basis for a Stalking protective order. Committing the offense of Harassment on multiple occasions can also be the basis of a Stalking protective order.... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Divorce for Texas on

Q: Can a no-contact order be obtained against me to keep me from my wife even though I never committed violence or threat?

I have not spoken too nor seen my wife in 15 months and suddenly, 3 weeks ago, at a hearing in my criminal case the prosecutor motioned for the order judge gave the order. He has also told my wife not to let me have anything not even a car in my name. I was falsely accused of a crime from... Read more »

Kiele Linroth Pace answered on Jun 14, 2019

The prosecutor can't issue an order... they most they can do is make a motion requesting that the judge issue an order. The judge has fairly wide discretion regarding what she can order the defendant to do (or not do) when it comes to matters of protecting an alleged victim or even the general... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on

Q: I have the following question regarding the Common Law Marriage in Texas and please provide me with the case law.

Could someone please clarify the following Texas Family Code - FAM § 2.401. Proof of Informal Marriage ?

(2) the man and woman agreed to be married and after the (agreement) they lived together in this state as husband and wife and there represented to others that they were married.... Read more »

Robert Allen Thornton answered on Jun 13, 2019

Two people can enter into a written agreement to be married. This, of course, would be conclusive, that is to say, would leave no doubt. Other than that, the agreement can be verbal. But, there does not have to be an actual formal conversation. To prove a common law marriage using this statute,... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on

Q: I want to take my child with me out of state to my hometown. Husband physically & mentally abused me in the past

I want to take my child with me out of state to my hometown. Husband physically & mentally abused me, and is a veteran with PTSD. I’ve recently made the mistake of turning to narcotics to cope w/the situation & now I’m worried he has better leverage than me. He just broke my phone & physically... Read more »

Kiele Linroth Pace answered on Jun 7, 2019

Even if you were currently having an affair that would not be a legal justification for a physical assault. You could contact the District Attorney's office in your county of residence and ask how to apply for a Family Violence Protective Order on the basis of the physical assault. You can also... Read more »

1 Answer | Asked in Divorce for Texas on

Q: is there help to get a divorce from a man in jail without having the cash to pay for it?

Am wanting a divorce from a man that wont be release till 2024 but I do not have the money to pay for a divorce.

Don F. Harris answered on Jun 6, 2019

Most courts have counters or offices to help people file for divorce without a lawyer.

1 Answer | Asked in Divorce for Texas on

Q: In Texas can you serve your spouse divorce papers before filing with the county clerk

My husband served me papers 2 years ago I signed and returned them and we are still married? I thought you had to file with the county clerk before serving your spouse the papers to sign? Can someone please tell me how I can find out what to do to get the divorce finished?

Victoria Collins answered on Jun 6, 2019

First answer, no. A lawsuit (in your case divorce) must be filed, and the county must issue a citation for service to defendants of the lawsuit OR you can sign a waiver of service. But either way you must be notified.

Second, to find out info about the divorce you need to know what county...
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1 Answer | Asked in Divorce for Texas on

Q: Spousal Maintenance ordered. Can I file a withholding order with his job? Do I need a lawyer?

Husband stop paying. Can I file with the court or do I need a lawyer to file?

Rahlita D. Thornton answered on Jun 5, 2019

You can file by yourself. It just may be frustrating to do so. If he did not agree to have it garnished from his paycheck then it won't be able to done unless he agrees. Your best bet is to see if the costs of hiring an attorney outweight the amount to be gained in spousal support. The attorney... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Texas on

Q: I want to take my child with me out of state to my hometown. Husband physically & mentally abused me in the past

I want to take my child with me out of state to my hometown. Husband physically & mentally abused me, and is a veteran with PTSD. I’ve recently made the mistake of turning to narcotics to cope w/the situation & now I’m worried he has better leverage than me. He just broke my phone & physically... Read more »

Rahlita D. Thornton answered on Jun 1, 2019

In general if no court involvement you are free to do as you please. However, if a divorce is filed your spouse may request that the child’s residence be restricted to your current residence.

2 Answers | Asked in Divorce and Child Custody for Texas on

Q: Is there recourse if I have hired an attorney, paid a $3500 retainer for custody/divorce case and no progress in case?

Lawyer has only been present for 1 appointment, he sends his paralegal. This has gone on for 3 months (divorce/custody case) We feel like there is no progress, maybe because we are not able to talk to the lawyer. Can I request the money back and find a new lawyer or should I be patient? I was told... Read more »

Robert Allen Thornton answered on May 30, 2019

As far as the retainer, ask for a statement of hours spent on the case. An attorney must hold the retainer in a trust account until the money is earned. You should get a statement setting out the time spent on your case so you can see how the retainer was applied. If no work truly has been done,... Read more »

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2 Answers | Asked in Divorce for Texas on

Q: I have been married for 4 years and I am seeking a divorce. Will it be held against me if I move out of the home?

I don’t feel safe going home due to mental and emotional abuse. The home we live in was purchased by his mother prior to our marriage and the home is in my husband and his step fAthers name. We have no children and no other assets.

Chad Zubi answered on May 25, 2019

You never know what a judge will do, but moving out of the house could work against you if child custody was at issue, here it is not because you said you have no kids, but like I said a judge has wide discretion. As far as property division goes, fault in the breakup of the marriage is a factor a... Read more »

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1 Answer | Asked in Divorce and Legal Malpractice for Texas on

Q: I think I have a negligence case against my lawyer. I’m not sure I need to ask someone.

My attorney said we had this divorce won he said I would have the house and car. He said we would be divorced in December but he didn’t get something to the judge in time. My ex was able to file an answer long after the time he was supposed to. Now he has hired an attorney. He if fighting me for... Read more »

Victoria Collins answered on May 20, 2019

Re-read over the contract and fee agreement between yourself and your attorney. Fees, expectations, and so forth should be addressed in there. That said, your attorney has an obligation to keep you informed as to the progression of your case. However, if you feel that your attorney is not acting in... Read more »

2 Answers | Asked in Criminal Law, Divorce and Family Law for Texas on

Q: Is there a specific time frame for a protective order to be processed, and granted?

I filed a protective order against my husband almost 2 months ago. Every time I call the courthouse to check on the status "the lady" never returns my call. My last conversation with "the lady" 3 weeks, she stated she triage the PO and she's the only one, so it may take some time. I need to know my... Read more »

Matthew Valley answered on May 18, 2019

From the Texas Family Code:

Sec. 84.001. TIME SET FOR HEARING. (a) On the filing of an application for a protective order, the court shall set a date and time for the hearing unless a later date is requested by the applicant. Except as provided by Section 84.002, the court may not set a...
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1 Answer | Asked in Divorce for Texas on

Q: Please advise on how past due bills should be handled in divorce case

Have discovered soon to be ex has let a Dr. bill go intentionally unpaid for almost 1 year

Rahlita D. Thornton answered on May 18, 2019

Let your attorney know that you want it paid for by your spouse.

1 Answer | Asked in Divorce for Texas on

Q: Follow up: ex threatening to take my property and house after signing filed divorce papers that state my property was

Property was Mine before the marriage and mine alone. He signed the papers acknowledging that. Divorce not final but at the court. Need l worry, husband has been out of house almost 6 months.

Rahlita D. Thornton answered on May 18, 2019

You need to consult with an attorney to review your pleadings with the court and to discuss your divorce case with them. Without all of the necessary facts, documents, reasons for his position any legal advice would be incomplete. In general he may be referring to his right to reimbursement of... Read more »

1 Answer | Asked in Divorce for Texas on

Q: Papers signed and filed stating my house and land are mine alone. Ex still threatening.

He has property that has been on my property for almost 6 months since separation. How do l make him come and get it?

Rahlita D. Thornton answered on May 17, 2019

Not sure what he is threating to do. But, if you feel in fear of your safety call the police. If the divorce decree gave him a specific date to retrieve the items and that date has passed then you do not have any duty to keep the personal property. However, if the value is substantial it may be... Read more »

1 Answer | Asked in Domestic Violence, Divorce and Family Law for Texas on

Q: I filed a protective order against my husband in my county a month ago and still no status.

My husband and I live together and I'm afraid of filing for a divorce without the protection order in place. What are my options?

Kiele Linroth Pace answered on May 17, 2019

Your husband will know as soon as he is served with the protective order papers. If the prosecutor's office is too slow, you could always pay your divorce attorney to seek the protective order instead. A private attorney CAN do it, its just that most people rely on the prosecutor's office because... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on

Q: Need help navigating this morality clause.

It states in my temp orders that no one that my ex or I are dating or are in a sexual relationship with are allowed to be around the kids.

I found out my kids had been around the woman my ex was cheating on me with. I brought it up to the court appointed counselor for the kids and he said... Read more »

Chad Zubi answered on May 12, 2019

It really depends on specifically what the order says as to what is or is not a violation of the order. You should ask your attorney to go over the exact language of your temporary order and determine what you and your ex are required to do or refrain from.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on

Q: What can be done if wife's ex is taking youngest of 3 girls to therapist w/o consent?

Decree states that both conservators have; the right, subject to the agreement of the other parent conservator, to consent to psychiatric and psychological treatment of the children. Ex husband took child to therapist w/o wife's knowledge or consent. Therapist office did not know my wife was... Read more »

Gary D. Peak answered on May 9, 2019

To properly answer this question an attorney would need to read your decree to see exactly what rights each party has regarding getting mental health treatment for the child. If it solely grants that to you, you may have to file a Motion for Contempt or to Enforce with the Court to try and get the... Read more »

1 Answer | Asked in Divorce for Texas on

Q: I paid $2000.00 for my Divorce I was suppose to be getting 70% of assets and him 30% and he’s to liquidate the business

He was to pay everything until divorce was final, and has not done what was ordered by the judge. What can I do about it

Gary D. Peak answered on May 9, 2019

Sadly $2000 is a bargain for a divorce. If your Ex has not complied with the Decree you will need to file a Motion to Enforce. You will likely have to pay the attorney more money to pay for that, but they can ask in the Motion for the Ex to have to reimburse you for your legal fees.

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