Texas Divorce Questions & Answers

Q: Wife’s mother is legal guardian of child. If husband files for divorce do he need to declare that a child is involved?

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Answered on Mar 19, 2019
Carrie T. Schilling's answer
Child support is determined based on the best interest of the child. If the grandmother is the legal guardian or a conservator of the child, then there should already be an order affecting the parent child relationship. This order may include an order regarding child support. The divorce may or may not result in a modification to that existing order, including the child support. However, it is unlikely that support would be back-dated 7 years if that did not occur when the court issued the...

Q: If I have children from another man can I still file with divorce with no children forms?

1 Answer | Asked in Divorce for Texas on
Answered on Mar 18, 2019
Carrie T. Schilling's answer
The short answer is maybe. Is the other man legally the father because they were born during your marriage to him or is there already an order affecting the parent-child relationship with that other man? If you want to file for divorce pro se (without a lawyer), you can try calling or emailing the court clerk for the jurisdiction you are in. Different courts may have different forms and the clerk may be able to point you in the right direction. Alternatively, you may be able to hire a lawyer...

Q: I’ve been divorced for 3 years. In the decree my ex was to pay me a property settlement over 5 years. He has been

2 Answers | Asked in Divorce for Texas on
Answered on Mar 17, 2019
Rahlita D. Thornton's answer
That’s a tax question. Consult a cpa or tax accountant.

Q: I need divorce can’t find husband been separated 9 years

2 Answers | Asked in Divorce for Texas on
Answered on Mar 14, 2019
Victoria Collins' answer
You can file uncontested divorce with a publication of service, but only after you have exhausted good-faith attempts to locate him. You didn’t say if there are children of the marriage, but if there are this is an issue that would need to be addressed in your petition as well.

Q: Say a CPS investagtor lies in their affidavit and there is proof but no one will listen to you what do ubdo

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Civil Rights for Texas on
Answered on Mar 11, 2019
Rahlita D. Thornton's answer
The answer is that you hire an attorney to represent you for guidance and direction. Your answer is not a simple one. To take legal advice from one who has just only read your facts is problematic. Consult an attorney with your proof of your allegations.

Q: We have been together for over 20 years. We have referred to eachother as "wife" and "husband" but we haven't had a

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Texas on
Answered on Mar 7, 2019
Kiele Linroth Pace's answer
The divorce part of the question should be answered by a Family Law attorney. If there has been physical violence that caused pain then you can go to the Travis County Attorney's Office (downtown at 11th and Guadalupe) and apply for a Family Violence protective order. At the end of the application process they will ask about the dog.

https://www.traviscountytx.gov/county-attorney/family-violence/obtaining-po

Q: Have been divorced for 2 yrs. Decree says Divorce with no children. Ex now says a child is mine and wants child support.

2 Answers | Asked in Child Support, Divorce and Family Law for Texas on
Answered on Mar 6, 2019
Rahlita D. Thornton's answer
If she knew that she was pregnant at the time of the divorce then you may be able to get off from paying child support or her asserting now that you are the father. If you need further counsel feel free to contact us at 888-343-4529.

Q: Divorce, I have 2 children that are not my husbands how can I file without paternity determined.

1 Answer | Asked in Divorce for Texas on
Answered on Mar 5, 2019
Rahlita D. Thornton's answer
You will have to have paternity addressed before the divorce will be granted. We can assist you. If all parties are in agreement it would make the case progress faster. Let us know if you'd like us to assist you. 888-3434LAW or 888-343-4529.

Q: Doing a temporary order I was removed from the house can my wife move someone in the house

1 Answer | Asked in Divorce for Texas on
Answered on Feb 28, 2019
Rahlita D. Thornton's answer
Read the ruling and the orders that the judge made or signed regarding those issues. The answer more than likely can be found there. Good luck.

Q: Emergency, Divorce in Tarrant County

1 Answer | Asked in Divorce for Texas on
Answered on Feb 27, 2019
Victoria Collins' answer
Your wife can obtain a divorce, but you must be served with the petition and given approximately 20 days to answer, presenting your concerns . You will need representation in the county your wife files in.

Q: I filed a chapter 13 while married but they were not on the filing. Would they be subject to half (10k) of my balance

1 Answer | Asked in Divorce for Texas on
Answered on Feb 23, 2019
Rahlita D. Thornton's answer
You reference "they" and do not explain who "they" are. Your best bet in getting a good answer to this question is to discuss with either your bankruptcy attorney and/or your divorce attorney. If you do not have one you should get one to go into detailed questions to get a valid answer to your questions.

Q: My husband and I are separated and I would like to not let him come back into my family's second house can I do this

1 Answer | Asked in Divorce, Family Law, Child Custody and Landlord - Tenant for Texas on
Answered on Feb 15, 2019
Rahlita D. Thornton's answer
If you have temporary orders in place concerning this issue you have to follow them. Your question does not give facts as to whether a divorce action has been filed as of yet. Locking one's spouse out of the house can be problematic. It is best to ask the court to lay out instructions since you two can not agree on these matters.

Q: What should I be asking for during a divorce?

1 Answer | Asked in Divorce for Texas on
Answered on Feb 9, 2019
Rahlita D. Thornton's answer
You should take a complete inventory of all of your assets accumulated during marriage which would include real property, retirement, pensions, 401ks, bonuses, and other property that you may have. Let us know if you'd like us to assist. 888-343-4529.

Q: I qualified for legal aid, but they said they couldn't help me, what can I do now? I am needing a divorce.

1 Answer | Asked in Divorce for Texas on
Answered on Jan 28, 2019
Rahlita D. Thornton's answer
You will need to get your own attorney if all of your options have been exhausted.

Q: I am paying CS instead of AOG we set up an account which I deposit into every month

1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Answered on Jan 28, 2019
Rahlita D. Thornton's answer
Not sure what you are asking. But, if you are asking if you’re supposed to be paying directly through the Attorney General account instead of directly to the person you are correct. Contact OAG for payment instructions.

Q: Am I able to use Legal Aid if I’m a Stay at Home mother with no income... I’m needing a divorce.

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Answered on Jan 27, 2019
Rahlita D. Thornton's answer
They have income guidelines and other requirements to qualify. You should contact them directly and ask them.

Q: How can I get my ex to refinance the mortgage and get my name off? Divorce decree said 180 days to do this.

1 Answer | Asked in Divorce for Texas on
Answered on Jan 27, 2019
Rahlita D. Thornton's answer
An evaluation of her actions at the 180 day mark would be important as well as how the decree is set out. Without the order being reviewed by an attorney all would be speculation as to answering your question. But, just based on your questions the first thought would be a motion for enforcement or case for breach of agreement if you all have an agreed decree. Good luck.

Q: I'm planning to divorce my husband. Our home is his separate property. Can I get any of the equity after we split?

1 Answer | Asked in Divorce for Texas on
Answered on Jan 24, 2019
Matthew Valley's answer
Where marital funds have been used on a spouse's separate property, there may be reimbursement claims available against that spouse. I recommend talking with a family law attorney near you to more thoroughly discuss your situation.

Q: Singapore national (green card) Married Texan 7 yrs. should divorce atty know immigration laws?

2 Answers | Asked in Divorce and Immigration Law for Texas on
Answered on Jan 21, 2019
Kelli Y Allen's answer
I am not sure exactly what your question is, but I would not expect most family law attorneys to know immigration laws and more than immigration lawyers would tend to have an in-depth knowledge of family law.

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.

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