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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce for Texas on
Q: If the petitioner’s middle name is spelled wrong on the domestic citation is that citation void? In the case of divorce.

My sister has been served papers of divorce and her husband’s middle name is spelled wrong. She does not want the divorce. She is wanting to know if the citation is void if his name is spelled wrong.

Leroy Scott
Leroy Scott answered on Oct 13, 2021

If your sister's name was spelled correctly, the citation was probably fine.

1 Answer | Asked in Divorce for Texas on
Q: When i married my husband he had a house he just sold it and pocketed all the money.

We just purchased a home under both our names but did not put any money down from the sale of his house. I am now currently paying for the mortgage of new home. In case of a divorce am I entitled to the money he has from selling his previous home. When we lived there I contributed to the house... Read more »

Omar Darwich
Omar Darwich answered on Sep 24, 2021

If the husband owned the house prior to your marriage it would be considered separate property. However, you would be entitled to contributions.

The money from the sale of the house...is it in a separate account or has the money been comingled? I understand that it was not used as a...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: How can I terminate my lawyer?
Omar Darwich
Omar Darwich answered on Sep 24, 2021

More details are needed, but every client has the right to terminate their lawyer.

Letting them know would be a good place to start.

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Can my ex wife move out of state if there is a geographical restriction on custody order?
Omar Darwich
Omar Darwich answered on Sep 24, 2021

It depends on the facts of the case. Talk to your attorney.

Generally, a restriction will bind the children’s primary residence to one county and either the counties contiguous to their home county or places within a certain distance from their home city. Without an agreement or court...
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1 Answer | Asked in Child Custody and Divorce for Texas on
Q: I’m going through a divorce and my ex wife has made it almost impossible to see my children, I haven’t spoken to them

There was orders for supervised visitation, but she has refused to accept or agree on a supervisor for 6 weeks. So I’ve missed 3 visits with my children and am being refused contact on my sons birthday

Omar Darwich
Omar Darwich answered on Sep 24, 2021

If you have an attorney let them know asap if your ex spouse is violating court orders .

1 Answer | Asked in Divorce for Texas on
Q: In order to, file an uncontested divorce case, both spouse need to have lawyers or what is the deal. I am jobless.

I am jobless and cannot afford lawyer, need a lawyer to handle my case. Got three kids. I live in Jarrell

Omar Darwich
Omar Darwich answered on Sep 24, 2021

You don't necessarily need a lawyer to file a divorce.

If it's uncontested that means the parties have literally agreed on *EVERYTHING*.

I believe there are some resources you can find online, or perhaps at a legal clinic.

If it truly is an uncontested divorce...
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1 Answer | Asked in Divorce for Texas on
Q: Me and my spouce are doing a divorce kit but its all going to be non contesteted including our small house Will it work

We have a home she will not contest the sale can we do a divorce kit and do our selves?

Omar Darwich
Omar Darwich answered on Sep 24, 2021

Every divorce is unique, just like how every couple is unique.

Divorce kits can work and sometimes they "work" until they don't. Then you have costly mistakes to correct.

Personally, I would always recommend consulting with an attorney.

Cheap divorces don't always turn out cheap.

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: I am going to get a divorce. My spouse is threatening to draw it out for years. How long can he do that?
Omar Darwich
Omar Darwich answered on Sep 24, 2021

Divorces can get nasty, however, there is no way to drag out a divorce indefinitely. At a certain point the court will run out of patience to give continuances and you can drive that divorce.

In the end dragging out a divorce is costly for both parties and usually a lose-lose....
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1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can I pursue charges of bigamy? I believe my ex has been stalling our divorce to avoid child support of our 2 kids.

After fighting for jurisdiction of our divorce, and the courts closing down last year for coronavirus, my ex has has been uncooperative with my attorney in order to get our divorce before a judge and finalized. We’re currently headed to mediation. However, I just found out that he “remarried... Read more »

Omar Darwich
Omar Darwich answered on Sep 21, 2021

You should contact an attorney but generally speaking bigamy is actually a criminal offense under Texas law, although a defendant can escape conviction if they reasonably believed they were not already married when they entered their second marriage.

1 Answer | Asked in Divorce for Texas on
Q: My wife admits to adultery, but says we have nothing to share after 22 marriages.

My wife admits to adultery, but says we have nothing to share after 22 marriages. I asked my lawyer to answer my questions. But he didn't. Now my lawyer writes in the decree that the petitioner (I) is adulterous. Forcing me to sign if I don't sign no longer represents me. I was... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 16, 2021

You immediately fire that attorney who does not fairly and ethically represents your legal interests. In fact, it appears that that licensed professional courses you improperly to sign a fraudulent document admitting to adultery that will have a legal effect on your family law process.

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: Can I file for PO in the pending child support for enforcement by contempt case? Do I need to serve personally.?

Can I file for PO in the pending child support for enforcement by contempt case?

Do I need to serve personally.?

Bcoz my ex is evading services. When filed as seperate case, judge dismissed for not able to serve him

Omar Darwich
Omar Darwich answered on Sep 15, 2021

Need a bit more information, but regardless your best option here to get an answer is to consult with an attorney not on this forum.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: What to do if other party not found to serve Texas Tem Exparte Protective Order and notice of hearing ?

I am trying to serve Texas Temporary Exparte Protective Order and notice of hearing in GA through sherif dept. But can't find Defendant. What's next step?

Can I ask judge for eservice to defendant? At his email address?

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 20, 2021

Texas Family Code 82.043(c) has your answer.

1 Answer | Asked in Divorce for Texas on
Q: Divorce in Texas, home renovations cost was 500k more than the appraisal, way to recoup those costs?

We are still working on the final touches on a full home renovation. I was going to just let my spouse keep the house, but the appraisal does not show the massive amount of money spent on the house. I saw cost basis but is there a way to recoup that additional money?

Teri A. Walter
Teri A. Walter answered on Aug 19, 2021

You might want to address this question to your divorce lawyer. If you're dealing with property worth over $500k, and don't have a lawyer, start by getting one.

1 Answer | Asked in Divorce for Texas on
Q: Where would I get a final divorce decree, or does the court house issue those
Teri A. Walter
Teri A. Walter answered on Aug 18, 2021

Contact the court clerk for the court that issued the divorce, give them the case number, and ask how to order a certified copy of the decree.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Power of Attorney to act in legal matters in texas court?

Hi, I am in texas and I want my brother to act of my behalf in my childsupport and alimony cases in court. I am so tired of the defendant s threats and harassments.

I donot want to see his face during hearings anymore or talk. I want my brother to act and attends court hearings on my... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 16, 2021

I suppose you could do this, but it's unlikely that having someone else act for you would end any "threats and harassments" by the other side. In addition, there will likely be times when your personal presence is required - such as for testimony. Your absence even at other times is... Read more »

1 Answer | Asked in Divorce for Texas on
Q: When applying for an adult legal name change, is the “legal name” requested, the name reflected on the SS card

SS card currently reflects 1st name, middle initial and married name. I’m divorced and requesting to change my name back to 1st name, middle name and maiden name. Ive recently updated my drivers license to what I’m petitioning for.

Teri A. Walter
Teri A. Walter answered on Aug 9, 2021

Not necessarily, though it would be preferable to have them match. Your legal name is what is on your birth certificate, as modified by marriage or a prior name change.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What should I do to protect my son and I if my wife just left to another city without saying anything and left my

What should I do to protect my son and I if my wife just left to another city without saying anything and left my son behind with me

Juan G Ramos
Juan G Ramos answered on Aug 5, 2021

Every divorce and child custody case is very unique. So keep in mind that my response is general. If your wife has truly abandoned you and your child, you can immediately file a divorce or suit affecting child relationship petition requesting a temporary restraining order. This restraining order... Read more »

1 Answer | Asked in Divorce and Estate Planning for Texas on
Q: Hello... how to separate a real estate from the marriage community property in TX?

My dad bought a property in TX and we are both in the title. I need to separate that property from marriage community property in case I get divorced. My wife is in agreement with this approach as my dad is the owner of the property and I am just in the title in case he passes. Is this something... Read more »

Elizabeth A. Sabol
Elizabeth A. Sabol answered on Jul 26, 2021

First, I'd want to know more about how the property was acquired in the first place. Are you sure it's community property? If it was given to only you as a gift even after marriage (eg, because your dad paid for 100% of the land but put you on the deed), it's still likely separate... Read more »

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: If my ex gets charged for domestic violence can I get full custody? She only lets me get my son every other weekend now

She’s going to loose her job the investigator said she will be charged with a Class A misdemeanor and she will loose her job

Sharita Blacknall
Sharita Blacknall answered on Jul 1, 2021

If you currently have a custody order from a court you will need to apply to modify it. If you do not have a current custody order from a court you will need to get one.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: my soon to be ex wife attacked me in my sleep while kids was in the home she’s being questioned soon

Can I get full custody this isn’t the first incident i just want my son so he can be raised by me his father she is extremely toxic we are going through a divorce

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2021

Talk to your divorce attorney about filing an application for a family violence protective order.

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