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Texas Divorce Questions & Answers
2 Answers | Asked in Divorce for Texas on
Q: My husband is a business owner. I’m a stay at home mom since 2015. In Texas how does alimony work? And child custody?

Husband is a business owner. Made a profit of over 11 million and still growing. I’ve been a stay at home mom since 2015. Can I fight for alimony and custody of children? He would end up giving the kids to his mother to raise. He lives eats and breaths his job. Kids barely see him or me.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 13, 2020

It's best if you consult privately with a divorce lawyer on this. Generally you have to have been married for 10 years to receive spousal maintenance in Texas. Child custody is based on the best interests of the children.

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1 Answer | Asked in Divorce for Texas on
Q: Can living in Dallas hotel count as residing 4 divorce? Belongings stored in Dallas. We travel and don't live anywhere.

When our lease expired in Dallas Co we went on a year long travel. Our belongings are stored in Dallas. Our car is registered in Dallas. My driver license is in Dallas Co.

We have been in one hotel in Dallas Co for 31 days and counting. My husband is draining our resources as a serious... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 12, 2020

You have to reside in Texas for 6 months and the county for last 90 days in order for court to be able to issue any orders. Good luck 888-243-4529.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: The non custodial parent hasn’t been served yet . He went to another state to avoid child support. Can I do enforcement

The woman he works for he lives with . She refuses to provide employee information so that they can serve him .

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 12, 2020

In order to proceed on an enforcement he will have to be personally served. Good luck.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: I need assistance with custody of my 4&6 year old.

My husband & I both want to keep full custody.I want to avoid fighting

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 9, 2020

That’s awesome for you all to come together for the benefit of your child! You should be able to obtain an attorney who can explain to you the options so that you can proceed accordingly. It will be less costly since you all agree. 888–343-4529. Good luck.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My sister's husband gave her a week to move out of their house . Who has custody of their baby?

He owns the house and said that he is going to keep the 9 month old baby. Without a custody hearing can he legally prevent her from seeing the baby, and can she take the baby with her when she moves into my place?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 8, 2020

Someone needs to get immediate legal temporary custody of the child without it both parents technically have rights to the child; however, the Courts will usually lean towards the mother of a baby especially if breast feeding or similar.

2 Answers | Asked in Divorce, Family Law and Child Custody for Texas on
Q: If you're seperated are you allowed to remove items from the home and property
Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 8, 2020

Until you have a court order that says anything different the property can be taken by either party. In order to avoid that you have to file a motion for temporary restraining order as it relates to the property issues. Let us know if we can help. 888-343-4529. Good luck.

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1 Answer | Asked in Divorce for Texas on
Q: I am needing to know how much a divorce would cost with no children and no property in erath county texas
Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 5, 2020

Attorneys charge various fees. It would be best to contact attorneys directly to get the estimate. But, if it is just a matter of getting divorced and no other issues it should not be that costly. Good luck. 888-343-4529.

1 Answer | Asked in Divorce for Texas on
Q: Can I get a divorce without a lawyer?

There are supposedly forms that can be filed diy.

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 3, 2020

Yes you can file your own forms for a divorce. It could be frustrating if you do it yourself. Most times there are problems that need repairing after one proceeds without an attorney. Good luck. 888-343-4529.

2 Answers | Asked in Divorce and Family Law for Texas on
Q: Do I need a lawyer to subpoena my ex-husband's financial records, who lives in another state?

I need my ex's financial records for two separate court cases, regarding child support modification and divorce. Do I need a lawyer to subpeona this information legally? We have been separated for two years and I am now unemployed and barely able to keep a roof over my daughters head. Long story... Read more »

David C. Adams
David C. Adams answered on Dec 30, 2019

You have two options: 1) ask your ex to give you the records you need, or 2) file a subpoena requesting the documents. I would recommend you hire an attorney if a subpoena is required.

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1 Answer | Asked in Divorce for Texas on
Q: What will happen if I pay only half my child support because of no income/unemployment?
Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 30, 2019

You could still be held in contempt of court. Contact the attorney general if you think that you will not go back to making your prior income. Good luck.

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: When filing for divorce can you and your spouse continue to in the same house in the state of Texas?

We both agree that our relationship is more a friendship that a marriage and we have come to the conclusion to get a divorce but live in the same house. We purchased the house together during the marriage. We reside in the state of Texas, what if anything should be and can it be stipulated that we... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 30, 2019

Sure you can. I’ve had reasonable parties agree to do just that. Good luck. 88-343-4529.

1 Answer | Asked in Domestic Violence and Divorce for Texas on
Q: My husband is unemployed and abusive, he wants to take half of everything, is that possible?

I’ve paid for everything

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 29, 2019

I certainly doubt that he could get everything. Also, being abusive with proof he’ll probably get little. Do what you have to do to move on to peace and happiness. Good luck 888-353-4529.

1 Answer | Asked in Divorce for Texas on
Q: Getting divorce after 12yrs.....Confused on community property as far as cash goes...

I/we have checking, savings, and money market locally....But being I have been the one to put like 90% of the money into what would be called "Savings" and bought most the groceries and such, is it still split 50/50 or what ??? We're definitely not rich and have under $50k in accounts here but just... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 28, 2019

House purchased during marriage is community property. You can assert that is is by tracing your separate property contribution. Courts can split property by what is fair and just. It does not have to be 50/50. 888-343-4529.

3 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My husband and I have just separated, I would like to have primary custody of our daughter. What are the steps for this?
Jon R. Boyd
Jon R. Boyd answered on Dec 23, 2019

Your question is too broad for this forum, but know that her primary custody will be decided based on her ‘best interest.’

What factors are used to determine that?

Many, defined by case law. (Interestingly, the Family Code does not define it.)

You should consult with a...
Read more »

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3 Answers | Asked in Divorce and Family Law for Texas on
Q: Who has to pay for my court mandated drug test that my soon to be ex husband wanted me to get done?
Jon R. Boyd
Jon R. Boyd answered on Dec 20, 2019

Whoever the Judge ordered to pay it.

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2 Answers | Asked in Divorce for Texas on
Q: I have been married to my husband for 16 years and wanting a divorce. Am i entitled to some of his retirement and 401K.
Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 18, 2019

If he has retirement then you certainly are entitled to some of his retirement. Good luck to you. 888-343-4529.

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3 Answers | Asked in Divorce and Family Law for Texas on
Q: If you move after you file in a county to another county do you have to refile for a divorce.

My wife filed in Dallas County Texas and has moved to another county in Texas, does she have to refile the divorceor modify it?

Jon R. Boyd
Jon R. Boyd answered on Dec 18, 2019

No, she does not.

However, if she did not reside in Dallas Co for the 90 days preceding her filing, you could filed to have it dismissed or transferred.

You should call me or someone and get legal advice in detail about your case.

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1 Answer | Asked in Adoption, Child Support, Divorce and Family Law for Texas on
Q: I am currently paying child support arrears. My daughters were adopted when they turned 18, should I still be paying?

My daughters mother and step-father have been married for years and waited until the girls turned 18 so I wouldnt know about the adoption process. I only found out about a year ago. I no longer have a withholding order for child support but I DO have a withholding order for arrears.

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 14, 2019

Any prior arrears incurred prior to the adoption are still your responsibility. Good luck.

1 Answer | Asked in Divorce for Texas on
Q: if we both own the house.and we get a divorce and I keep the house do I pay him for keeping it?
Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 13, 2019

It depends on whether you have any equity in the property. If not, then if there is a mortgage the person keeping the house will have to be responsible for continuing the payments. Hope this helps. 888-343-4529.

2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: how old does the child have to be to be able to choose which parent he/she chooses to live with ?
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Dec 12, 2019

At 12 the court must interview a child 12 years and older. It is called a preference. Judge does not have to do what the child has requested. But the court can interview children at any age, it is just discretionary

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