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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
My ex husband and I split after DV and the house is empty. He refuses to pay for it or sell it because per divorce I get $50,000. Now the mortgage company is suing me for the house. When I've been begging him to sell it instead of ruining my credit. He continues to refuse. What can I do
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answered on Jul 2, 2023
This question has divorce issues and real estate issues.
The first move is to review the divorce settlement order to see if there is any recourse you can take to sell the property or force a sale. If it is not written or prohibited, you can file a partition or other real estate lawsuit to... View More
My husband and I have been living together here in Texas now for 3 years. How can I turn the separation over to a divorce here in Texas?
answered on Jun 28, 2023
You can dismiss whatever family court proceeding is pending in Utah, and file a divorce action here in Texas.
Divorce was in a Texas court in November 2012. I had a lawyer, and my wife did not want to get one.
Under division of marital estate, “All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any... View More
answered on Jun 20, 2023
If no part of your military retirement was awarded to your wife, then the answer is no.
Your decree would have been clearer without the except clause at the end of the quoted sentence. Either you or your attorney should have caught that at the time and removed it.
My second wife was awarded 15.5% of my military retirement. I asked my lawyer to offer all the cash I had the time (roughly $27,000) to have it removed. Over the phone, my lawyer told me “she will have to find you, serve you, and be able to collect”. I took that as I did not need to notify her... View More
answered on Jun 20, 2023
Unless your divorce decree provides otherwise—and they typically don’t—you have no obligation to notify your ex-wife of your retirement.
And it is true that she will have to find you and serve you.
With respect to collecting, I’d be most concerned about a constructive trust... View More
1
What factors besides proper summon of court will a texan court take into consideration when hearing a foreign court judgement enforcement to collect compensation for a divested property decreed to own by an ex spouse in Houston Texas )?
2
How a texan court will reconcile a... View More
answered on Jun 19, 2023
1. The main consideration is whether the foreign court had jurisdiction over the subject matter and the parties. A secondary consideration is whether the foreign judgment violates public policy.
2. If the property is land located in Texas, only a Texas court likely has jurisdiction to... View More
We separated last year, filed for divorce and agreed to exchange belongings 3 months ago. The divorce is not final and she has no responded to the many emails I sent regarding her belongings.
Said belongings have been in storage at my mom's house for 3 years and she wants them gone.
answered on Jun 18, 2023
Ordinarily, disposing of marital assets during the pendency of a divorce violates standing orders of the court.
Because you have already agreed to exchange belongings and she has stopped responding to your communications, I would move all of her belongings into a self-storage unit, take... View More
My weekends begin the 1st, 3rd & 5th Fridays of each month. I accidentally scheduled my two-weeks starting Saturday. The Friday before is the 5th Friday. I said I’d pick up “son” on Friday since it’s the 5th Friday. She said that Friday is now “overwritten” & I no longer have... View More
answered on Jun 14, 2023
Since your summer possession schedule does not follow the standard possession schedule, you should take the order/decree to a family law attorney so that the above quoted sections can be read in context of the possession schedule as a whole.
From the quoted sections, it sounds like your... View More
The court in Poland is requiring the statement that my divorce from 2002 was final and non-contestable. I have to file it there in order to record the change of name and married status. How do I obtain such a statement? Divorce was granted in the court in Denton, TX
answered on Jun 5, 2023
That is a question you need to ask a Polish attorney. Texas law does not mandate or prescribe such a statement.
answered on Jun 1, 2023
You should hire a divorce attorney in or near the county where the divorce case has been filed. The attorney will file an answer, and most likely a counter-petition, on your behalf and will provide you with information regarding the initial disclosures and inventory & appraisement you will... View More
I hired a law firm in 2021 for an uncontested divorce. Since then they have scammed me out of 10,000$ and have made zero progress on my case. About 6 months ago we were told that the law firm is no longer in operation. I cannot get ahold of them or anyone from the firm.
I am wanting to go... View More
answered on Jun 1, 2023
1. Identify the individual lawyer or lawyers who have appeared in your case. Typically, they are listed by name with the State Bar numbers in the signature block of each pleading filed in your pending case.
2. Go to the State Bar of Texas website and look them up to determine current... View More
Do I need to file for divorce first then full custody’s or vice versa? Can I do both at the same time? How much does it cost?
answered on Jun 1, 2023
In a typical divorce case where the spouses have children, the suit affecting the parent-child relationship (custody, etc.) is resolved in the same action at the same time as the issues involving the divorce and division of the spouse's marital estate.
In a situation where one spouse... View More
I was divorced a while back and was told I could not get any lien. I am seeing other wise now.
Can I file for an owelty lien on my own?
What do I need in order to file one? Such as a form and or my divorce decree?
If I do one, how long does it take to go into effect?
answered on May 31, 2023
An owelty lien is placed on real property at the time of divorce, not after.
A competent divorce lawyer would always place one if one spouse is awarded ownership of real property but is required to pay the other spouse money for his/her interest in the property.
If your divorce... View More
We never lived in the same house together because of her gambling addiction and she is financially irresponsible habits. She said no when I told I want a divorce and she said she would drive up the cost of the divorce if I tried to divorce her so I couldn't afford one. What can she contest if... View More
answered on May 30, 2023
Yes. She can just say no. She can refuse to sign an agreed decree.
At some point, you or she will have to set the case for trial and complete pretrial preparations as ordered by the court.
And yes, that will increase your legal expenses if you have a lawyer. By how much depends... View More
I was awarded $45,000 (in our divorce) when the house my ex and I has sold. He is not a nice guy and will not freely give me the money. I can't afford a lawyer either if it goes down this way. I am on the mortgage and he is on the deed. Because I am a co signer the realtor said she won't... View More
answered on May 30, 2023
The title company should withhold the money from the purchase price at the time of sale and send it to you.
You will likely be required to attend the closing and sign documents. If your divorce was handled by a competent attorney, you should an owelty lien securing the $45,000 payment owed... View More
answered on May 30, 2023
Your divorce attorney ought to be able to prepare a QDRO and get it signed if you provide all of the necessary information for about $1,000.
I am unable to afford a space for all 4 children to sleep comfortably. I am asking for 2 children at a time, but my ex is adamant that I must take all 4 or none at all, in which case she is stating that I am forfeiting my time with them. The standard possession order does not specify that I am... View More
answered on May 28, 2023
Buy sleeping bags or put blankets on the floor. You don't need beds.
Can I do all of this using the Texas e-filing portal? Or must I go the clerk's office?
Spouse is incarcerated. Marriage took place during incarceration. Spouse will not contest.
Thank you.
answered on May 26, 2023
Legally, you can always represent yourself in your own divorce proceeding.
It's like rebuilding a car engine. Legally, you can rebuild your own car's engine. It's probably not wise if you don't know what you're doing.
Many people with substantial legal... View More
Last week my wife's attorney has requested an inventory and appraisement from me. The assets we have accumulated during our marriage include cash in our bank accounts, an SUV and sports car, furniture, and her 401k and Roth IRA. On the other hand, the only liabilities we have are $10,000 in... View More
answered on May 24, 2023
It is not always required but it is often required and is very useful. In many instances, spouses "forget" about assets like accumulated frequent flyer miles, unpaid bonuses, etc. Taking the time to complete a thorough and accurate Inventory and Appraisement helps the parties and their... View More
After my wife initiated the divorce proceedings, I quickly responded with a general denial and a Counter Petition that I found online, as I was eager to avoid a default judgment and have a say in the division of our marital estate.
Currently, we have a pre-trial conference scheduled in... View More
answered on May 24, 2023
Unless there is already a scheduling order in place which imposes a pleading deadline, you generally can freely amend your counter-petition up to seven days before your trial setting. Ordinarily, a court must allow you to amend your pleading, but may grant a continuance to avoid surprise or unfair... View More
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