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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce for Texas on
Q: What is the customary fee for an divorce attorney In a court negotiation ?

Is 5k normal for the 1 hour

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Competent experienced family law attorneys charge $300-700 per hour. Less experienced attorneys may charge less.

Most family law attorneys expect to provide more than a one hour consultation. A request for $5,000 sounds like a request for an initial retainer for a basic family law matter...
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1 Answer | Asked in Divorce for Texas on
Q: I'm using an attorney for my divorce Is it customary for the attorneys to write down their fee on the temporary order?

Our attorneys wrote on the temporary order an extra fee of 5k each

Is that reasonable?

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

It is not uncommon to identify the source of community funds to pay each spouse’s interim attorney fees in temporary orders.

Unless both parties have agreed on every item to be included in your divorce decree, you should assume your divorce will cost more than just $5,000.

1 Answer | Asked in Divorce for Texas on
Q: I am looking for a divorce lawyer. I don’t really have money. I live paycheck to paycheck. I really need help.

I am not looking to fight for anything nor do our kids want anything to do with him. We are both in agreement with the divorce.

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

A typical divorce lawyer should cost $300-700 / hour.

You might be able to find a freshly licensed lawyer for a lower hourly rate.

Although you live paycheck to paycheck, you should expect to have to pay a lawyer to perform work for you.

If everything is agreed upon, as...
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1 Answer | Asked in Adoption, Child Support and Divorce for Texas on
Q: Is it wise to set up child support payments to a bank account instead of through the Attorney Generals Office?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 23, 2023

It is not wise. The other party could claim it was a gift and you may have to pay double. Use the AG and you will not have any issues

2 Answers | Asked in Divorce and Civil Litigation for Texas on
Q: My ex-husband sold a car during our divorce that he was given by my stepfather. What should I do?

The title of the car was formalized in his name during our marriage. He sold the car during divorce proceedings. I have not received half of the sale. Am I entitled to half of the amount it was sold for?

John Michael Frick
John Michael Frick
answered on Jan 19, 2023

No you are not entitled to half of the proceeds.

However, in making a just and right division of your community estate, your divorce court may consider the sale proceeds, and how such proceeds have been used by your husband.

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1 Answer | Asked in Divorce for Texas on
Q: Is it possible to get an uncontested divorce from someone who was possibly deported. He never became a citizen.

I have been living without him for 3.5 years. No contact at all from him. Can I do this on my own. We have to property nor children.

John Michael Frick
John Michael Frick
answered on Jan 16, 2023

Yes, you can get an uncontested divorce. If you can’t find your husband, you will have to pay for an attorney ad litem to act on his behalf.

Can you do this on your own? Yes, the law allows you to represent yourself. The law also allows you to rebuild your car engine on your own. The...
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1 Answer | Asked in Family Law and Divorce for Texas on
Q: Can i travel during divorce process? What things I need to do before I go?

I‘m in a no-fault divorce, without children, and no property dispute. After I received divorce documents, I filed a waiver of service only, then on Dec 12th I got a notification of service about motion for default judgement.

How long will it take for my divorce to be completed from that... Read more »

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

It may already be final or may become final at any time.

I assume you are bright enough to have either hired a lawyer to represent you or to have consulted a lawyer about the effect of signing a waiver of service and the meaning of the language in your particular waiver.

1 Answer | Asked in Divorce for Texas on
Q: My ex filed for divorce and supposedly I was served by email and I never received!! Now it’s final? Less than 90 days?

He stated he didn’t know how to contact me but that was not true! He just chose to block me because I wouldn’t sign blank documents. I am disabled now homeless, no vehicle, nothing left he has thrown away my personal property!

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

Depending upon the particular facts of your case, you should file either a motion for new trial, notice of appeal, notice of restricted appeal, or bill of review. You should consult a lawyer right away who practices in the area of appellate law. Ask for them to describe their experience with... Read more »

1 Answer | Asked in Divorce for Texas on
Q: My wife and I purchased our home before we were married. I put all my money down on the house and have paid all mortgage

I have paid all mortgage payments ,utilities vehicle insurance for the last five years with no help from her, we separated and she wants half the equity,,can she be held responsible for half of what I have paid for 5 years

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 11, 2023

Yes .if you bought it before you were married she is responsible for one half the payments. This property is not community

1 Answer | Asked in Divorce for Texas on
Q: What forms do I need to fill out for an At fault divorce in Texas?
John Michael Frick
John Michael Frick
answered on Jan 11, 2023

Usually a client intake questionnaire, inventory & appeasement worksheet, parenting plan worksheet, and attorney employment agreement.

1 Answer | Asked in Divorce and Military Law for Texas on
Q: My spouse and I are active duty military stationed over seas and want to get divorced but can’t appear in court!

What can we do to get the divorce without going into court

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 9, 2023

If you are in Harris county you may be able to appear by zoom

1 Answer | Asked in Divorce for Texas on
Q: I filed an Affidavit of Informal Marriage in 2015. We seperated in 2017. Do I have to file for divorce?

At the time his insurace company told me I had to have the Affidavit on order to be added to his policy. There was no ceremony. I want get married to the man I am currently with, but I've gotten conflicting answers on weather a divorce is needed or not.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 5, 2023

It has been more than two years since you separated so you don't need to file for divorce.

2 Answers | Asked in Divorce, Domestic Violence and Criminal Law for Texas on
Q: My soon to be ex husband is in jail. His parents have his truck. They are refusing to give it to me. What are my rights?

I filed for divorce last month. but we are still in the process and are still technically married. he is in jail due to abuse towards me. Can i pick up the truck from his parents house while he’s in jail? and if so, should I bring an officer with me to pick it up?

John Michael Frick
John Michael Frick
answered on Jan 4, 2023

If the title to the truck is in your husband's name, it is presumed to be subject to his sole management, control and disposition. Tex. Fam. Code 3.104. Therefore, if he has authorized his parents to possess and use the truck, his parents have a superior right to possession of the truck... Read more »

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: Homeschool in Texas.

Can a non custodial parent be charged with truancy for not completing curriculum or dropping them off at the custodial parent’s house during school hours to complete work during a weekly visitation?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 31, 2022

I would assume the primary parent would be charged with truancy, You could file a Motion to Modify and get custody so your child could get an education,

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1 Answer | Asked in Divorce for Texas on
Q: Ive been told i cannot proceed with my divorce until the birth of my baby

my husband and i have been separated for awhile now and i started a new relationship and got pregnant. can i get a paternity test while pregnant and proceed with divorce than having to wait til after the birth of my baby.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 30, 2022

You can file for divorce now nut cannot finalize the divorce until the baby is born,

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Married to a Canadian women we have two children born here in the US

Can she take them out the country without my consent legally?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 19, 2022

You need to file for divorce and get a injunction that the kids can't go to Canada. Without a court order she can go where ever she wants

2 Answers | Asked in Divorce and Family Law for Texas on
Q: The divorce decree orders sell of the house, but the ex is living in it, not willing to list it. What can i do?

How do I request a court-appointed receiver on my own? The house is in my name. In the decree it is stated that if we do not agree "on a sales price, on the application of either party, the property shall be sold under terms and conditions determined by a court-appointed receiver." I have... Read more »

John Michael Frick
John Michael Frick
answered on Dec 19, 2022

As indicated in your decree, your divorce lawyer can file an application for the appointment of a receiver to sell the residence. This will typically be a real estate broker or agent in the area where the residence is located.

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1 Answer | Asked in Divorce and Social Security for Texas on
Q: I've been married 32 yrs. We have no assets nothing to argue over except spousal support. How do I go about that.

He wouldn't let me work to much wanted me home raising kids very mental, emotional an physical abuse he worked for 27 yrs an now recieves SSI an I think he should have to pay me spousal support.. my youngest son recieves ssi off him but I don't recieve nothing an he doesn't want me... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 15, 2022

You need to find a job. If he is on SSI you will have a difficult time getting spousal support,

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Hi i had my spouse served for divorce but he is avoiding being served how can I go on with my divorce

He was even arrested and they didn’t serve him then either they haven’t returned anything saying he was served or unserved how can I go on with the final decree of my divorce and I don’t have a lawyer to represent me in court I don’t know what I need to have or take with me

John Michael Frick
John Michael Frick
answered on Dec 14, 2022

You should contact your process server to obtain an affidavit showing each unsuccessful attempt to serve your husband. Then use it to file a motion for substitute service of process under Rule 106.

This is a relatively simple task that most family law attorneys would delegate to a...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: What happens to equity in a home when it was bought by one spouse before they met the other but sold before divorce?

Do the proceeds then become community property upon actual divorce? Even if saved in a separate account?

John Michael Frick
John Michael Frick
answered on Dec 13, 2022

If you can trace the money on deposit in an account to the proceeds from a sale of separate property, those funds would be separate property.

A competent family lawyer should be able to trace funds to make a determination

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