We currently have a divorce petition filed in Texas and a draft decree proposed. Both of us agree of the draft, however both of our lawyers are dragging the process out ( we believe for monetary gain) and we are wondering if we can file the DIY paperwork ourselves and if we have to wait another 60... View More 
answered on Sep 20, 2023
Unless you have no children and no assets of any real value, it is never advisable to do a DIY divorce unless you have substantial legal experience in family law cases (for example, if you were a paralegal in a family law practice).
A typical agreed divorce can be completed for under... View More
LLC was formed with SOS a couple weeks before marriage, but capital investment ($1000) was made after wedding, with community funds. How would the LLC interest be classified in Texas family law?
answered on Sep 13, 2023
Although I doubt there is any caselaw on this precise question, my initial impression is that under the doctrine of inception of title, the LLC will most likely be characterized as separate property.
But an argument can be made it is community property if community funds were used as the... View More
Still paying on it
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answered on Sep 12, 2023
In Texas, the division of property in a divorce is governed by community property laws. Texas is a community property state, which means that generally, property acquired during the marriage is considered community property and is subject to division between the spouses in a divorce.... View More
I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More
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answered on Sep 1, 2023
Your ex wife does not have to have your permission unless that is spelled out specifically in the order. At the same time, you do not have to take him unless again that is specifically spelled out in the order. I would suggest a compromise especially if it is something important to your son and... View More
I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More
answered on Sep 7, 2023
I encourage parents to do their utmost to put their children first. Part of that process is for parents to confer with frequency about what is going on in their children's lives. Note - I have a bias here, as my 17 year old son is a second-degree black belt in Tae Kwon Do. The exercise,... View More
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answered on Sep 1, 2023
In Texas, the division of assets during a divorce is generally guided by community property laws. Community property laws dictate that most property acquired during the marriage is considered community property and is subject to equitable distribution between the spouses upon divorce.... View More
inherit the property when she passed away so she made me a beneficiary of her life insurance policy and she told me to pay off the home with what money that was left over and set up a trust that transferred the home in my name when she passes away. My mother passed away after I got married. Will... View More
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answered on Aug 24, 2023
In Texas inherited property is separate property. If the property is in Oklahoma where did your mother pass away because that could change things if the laws in that state are different. The separate nature of the property can also be affected if it was comingled with community property. I could... View More
I bought half an acre while married to an ex and in a relationship with my new girl.
i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More
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answered on Aug 23, 2023
This question is not specific enough for a yes or no answer but I would offer that you could not have been married to the girlfriend while still married to the ex wife. (I would be interested to know if you received the property in your divorce from her?) So even if a court found common law... View More
I bought half an acre while married to an ex and in a relationship with my new girl.
i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More
answered on Aug 23, 2023
Under the Texas Family Code, an informal or “common law” marriage may be proved with evidence that:
a declaration of marriage has been signed; or the parties:
agreed to be married, and
after the agreement they cohabitated (lived) together, in Texas, as a married couple,... View More
I bought half an acre while married to an ex and in a relationship with my new girl.
i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More
answered on Aug 24, 2023
Alright, considering what you've shared and the nuances of the Texas Family Code, here's some general information:
Legally Married vs. Common-Law: If you were legally married to your ex when you began your relationship with your new girlfriend, then you couldn't have... View More
My wife filed but I still haven't been served for some reason. Just not sure when the the time line
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answered on Aug 21, 2023
In Texas, the 60-day waiting period typically begins on the date when the original divorce petition is filed with the court, regardless of when you are personally served with the divorce papers. Therefore, if your wife filed for divorce on August 2nd, the 60-day waiting period would generally... View More
there is no children in common. any way I can speed the process and no press changes?
answered on Aug 21, 2023
There are very few exceptions to the mandatory 60-day waiting period and your question does not mention any facts likely to support such a waiver.
The most effective way to expedite the process is to make sure a competent experienced attorney prepares an agreed decree of divorce and for... View More
there is no children in common. any way I can speed the process and no press changes?
answered on Aug 22, 2023
1. Divorcing Without His Consent:
Yes, in Texas, you don't need your spouse's consent to file for divorce. If one party believes the marriage is insupportable (has an irretrievable breakdown), then that's enough for the court to grant a divorce.
2. The 60-Day Waiting... View More
My partner and I are planning to get married at the courthouse before the baby is born in February. No cheating involved; my ex and I have been long-term separated/agreed to divorce so there is absolutely no question of paternity, we only delayed filing til recently because we were figuring out... View More
answered on Aug 9, 2023
In the State of Texas, a child born during a marriage is presumed to be the child of the husband (even if it is not). In your Final Decree of Divorce, you must state whether there were any minor children born or adopted during the marriage. Additionally, when you finalize the divorce, the Wife... View More
My partner and I are planning to get married at the courthouse before the baby is born in February. No cheating involved; my ex and I have been long-term separated/agreed to divorce so there is absolutely no question of paternity, we only delayed filing til recently because we were figuring out... View More
answered on Aug 10, 2023
In Texas, if a child was born during the marriage but is not the biological child of the husband, consider the following aspects of the Texas Family Code:
Paternity: Texas Family Code § 160.204 states that when a child is born during a marriage, there's a legal presumption that the... View More
My ex-husband refuses to pay the child support that we agreed to in divorce (has previously sent some money when he feels like it but it was never through proper child support routes, and he decides when and if he sends the money, and he is around $20,000 behind over the last 6 years)... and he is... View More
answered on Jul 25, 2023
If Father is not paying child support as court ordered, then you would need to file an enforcement/contempt action against him and take him to court for nonpayment of child support. If held in contempt, the Judge could sentence him to jail time.
If there is not a law against a child that... View More
My ex-husband refuses to pay the child support that we agreed to in divorce (has previously sent some money when he feels like it but it was never through proper child support routes, and he decides when and if he sends the money, and he is around $20,000 behind over the last 6 years)... and he is... View More
answered on Jul 30, 2023
Child Support Enforcement: If your ex-husband is not abiding by the child support agreement outlined in the divorce settlement, you can seek help from the Texas Attorney General’s Child Support Division. They have the authority to enforce child support orders and can use various methods to... View More
A Texas judge signed a final decree in 2023, ending the community property portion as of 2019, the date of separation. The decree calculated and divided the servicemember's High 3 and years of service as if the marriage had ended in 2019. Post trial, the judge writes a letter denying that this... View More
answered on Jul 17, 2023
The community portion of military retirement pay is that portion which accrues during the existence of the marriage, i.e. from the date of marriage to the date of divorce. Any portion that accrued outside of the existence of the marriage is the servicemember's separate property.... View More
Unresponsive attorney. Meets default criteria, but court says I have to withdraw her from the case.
answered on Jul 12, 2023
You will need to instruct your attorney to file a motion to withdraw. Once an attorney has appeared on your behalf, you cannot file court papers on your own behalf in a civil case. Your attorney will have to file a motion to withdraw.
Alternatively, you can hire another, more responsive... View More
She was manipulated by him and his family and dropped the charges. (He has been arrested for assault in the past for fights.) Now he is again having an affair and acting like he did then. He was just medically retired from Air Force. He stays home with three children (9, 7, and 3) while she works.... View More
answered on Jul 11, 2023
I am sorry this is happening to your family member.
If she is ready to file for divorce, but is not financially able to hire an attorney, she could contact legal aid in her county. As long as she meets the income requirements, they may be able to accept her case and provide legal... View More
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