Get free answers to your Divorce legal questions from lawyers in your area.
Since my wife filed for divorce earlier this year, for now I am currently representing myself in my divorce case as I am working hard to save up enough money to hire an attorney, hopefully next month.
During this time, I am conducting basic discovery to gather evidence related to my... View More 
answered on May 24, 2023
It is typical to use as evidence a printout of an entire thread of text or SMS messages between two parties so that the entire context of the conversation can be viewed. The printout usually has different colored bubbles for each participant with the date and time of each message and the phone... View More
I'm representing myself at the moment until I save up enough money to hire an attorney in the next couple of weeks.
After submitting Answer of General Deniability & Counter Petition, my wife's divorce attorney emailed me proposing to schedule mediation to negotiate the... View More
answered on May 24, 2023
The email from her attorney appears to be normal standard operating procedure. Most judges require mediation if the parties do not enter into an agreed decree of divorce without one.
You say your wife has control over a HUGE cash stockpile in her account. How huge? Huge is relative.... View More
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answered on May 22, 2023
Ordinarily, the trial judge decides the distribution of property, and it takes an especailly inept one to grant an item of personalty and keep the other party on the hook for the payments. Here, the named account holder, the asker, is on the hook for paying the car loan, but the other party has the... View More
In March 2023, my wife filed for divorce in Dallas, TX which is where we both live. I responded with my Answer and Counter Petition. We're in the discovery phase after completing Initial Required Disclosures. She hired an attorney using her substantial cash reserves, while I lack financial... View More
answered on May 23, 2023
When you submit your Motion for Interim Attorney's Fees in Texas, you're essentially asking the court to order your spouse to pay for your legal representation. It's important to understand that most attorneys consider the award of attorney's fees by the other spouse to be a... View More
I'm in Dallas, TX and a Pro Se Respondent in a divorce case initiated by my wife in mid-March 2023. I filed an Answer of General Deniability and a Counter Petition before the deadline. We're past the 60 day cooling off period, both exchanged Initial Required Disclosures, and currently... View More
answered on May 22, 2023
A motion is not needed but, since you are the Respondent, it should be your First Amended Counter-Petition for Divorce
Parents are divorced and one is traveling out of the country and another one lives in a different state without the child
answered on May 21, 2023
The child needs to be left with an adult it does not have to be a relative.
answered on May 19, 2023
A reliable answer to your question can only be given after a full review of your respective financial circumstances.
That said, domestic relations SUPPORT obligations (spouse or children) are generally not modifiable by a bankruptcy court. However, payments in the nature of property... View More
My husband filed for divorce,I’m a senior don’t have own income .
answered on May 11, 2023
The Texas Family Law Practice Manual (3d ed) has a form for a motion for temporary orders that will serve your purposes.
The house is very unhealthy. I divorced my wife because of this now I'm homeless. Section 8 is allowing a single woman to live in a house with 12 to 15 cats. The ammonia smells so strong it burns your eyes and nose. It's not healthy for her it hasn't been healthy for me in about 12... View More
answered on May 10, 2023
As her husband, you unquestionably had a greater say about this situation than any Section 8 agency.
You might be able to make some headway reporting her for animal cruelty if the health of the cats are endangered. As for her own health, that is really something for her to decide for... View More
My estranged husband put a restraining order against me to not see my son. I have a court hearing tomorrow and was not able to procure legal representation in time. I have an option to do a continuance to try and procure representation or to represent myself in court in order to see my son. I... View More
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answered on May 9, 2023
Please get yourself an attorney.
You need an attorney here. It is too important for you to see and spend time with your son.
Good luck!
answered on May 8, 2023
You can file a verified motion to recuse the judge for bias. You will need to attach a sworn affidavit signed by a person with personal knowledge attesting to facts showing that the judge is biased. Bias cannot be demonstrated based solely on a judge’s rulings and decisions during the course of... View More
We've been married 20 years, our children are adults, the mortgage is in both names but he's agreed to let me stay in the home, we both have retirement accounts (low value) and we've agreed not to touch each other's. I've called a few attorney's who are asking for a... View More
answered on May 5, 2023
A $5,000 initial retainer is extremely reasonable.
The problem with trying to do your own divorce is you don’t know to ask or research how to do something if you don’t know you need to do it.
You have a home and mortgage, so you will need a Special Warranty Deed and Deed of... View More
When the Respondent in an Original Petition for Divorce files a Motion for TRO, TI and TO into the case,
is the Respondent now the considered the Petitioner in the Motion?
Is the general rule that the person who brings the Motion for anything considered the Petitioner?
My... View More
answered on May 5, 2023
The party who files a motion is commonly called the Movant.
The party responding to the motion is commonly called the Respondent; but, if the motion is a motion for summary judgment, the party against whom the motion is filed is called the non-movant (a summary judgment cannot be granted by... View More
Trying to see who would get custody of our kids if the mom has history of addiction with drugs and mental health issues has not worked in about 3 years or be involved with the kids much.
The father has been there for the kids day to day things, worked and supported the family financially... View More
answered on May 3, 2023
When determining custody arrangements, Texas courts prioritize the best interests of the child. The court considers several factors, including the physical and emotional well-being of the child and each parent's ability to provide a safe and stable environment.
In a situation where one... View More
Of their time the judge awarded them can the other spouse evict them and a JP Court or do they have to go back to the court that granted the divorce
If the plaintiff does decide to file through the JP Court and is successful in the eviction can they later on file a contempt motion in the... View More
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answered on Apr 27, 2023
Great question.
If the Divorce case is still active, you can go to your judge and file a motion to dispossess (evict), your ex.
If you bring a copy of your divorce case Order which states that your ex must leave after a certain amount of time, you can go to Eviction court to evict... View More
answered on Apr 27, 2023
Not necessarily. The laws of the particular foreign nation govern whether that nation will acknowledge the validity of the US divorce decree.
In India, for example, a divorce decree by mutual consent is legal, valid and binding.
On the other hand, in a contested divorce case, India... View More
I'm in a very abusive and neglectful common law marriage . He is currently awaiting to appear in district court for violating his probation that he received the last time he threw me around and down and busted my mouth. I don't have money for legal counsel he has abandoned me and stopped... View More
answered on Apr 24, 2023
Contact legal aid organizations in your area, they may be able to connect you with a pro Bono attorney.
WHEN I LOOK IT UP ON PUBLIC RECORDS IT DONT COME UP UNDER MY NAME BUT IT DO HERS. IVE NEVER SIGNED NO PAPERS. AND ITS LOCKED ON THE PUBLIC RECORDS
answered on Apr 24, 2023
Go to the records building to request a copy of the marriage license. Ask for it under your name and hers.
Here is the address for Dallas: Records Building - 500 Elm Street, Suite 2100, Dallas, TX 75202.
My ex spouse moved back into the house instead of getting his belongings out of the house. We are in the middle of a binding contract with our realtor signed by him and I. I have exclusive rights to the house until the house is sold. I have already moved my things out per court order and realtor... View More
answered on Apr 20, 2023
A motion for contempt requires the services of an experienced family lawyer. There are specific requirements that must be met to obtain a valid contempt order.
I'm paying for my rent and all expenses so I want to know if filling a child support order is okay when we are not divorced
answered on Apr 20, 2023
Yes, you can file what is called an Original Petition in Suit Affecting Parent-Child Relationship. In Texas, this motion will establish which parent will be the primary parent (i.e., who your child will primarily reside with), and what type of visitation the non-primary parent will have with the... View More
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