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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce, Domestic Violence and Sexual Harassment for Texas on
Q: I Just had last minute surgery. Court is Tues. I was never told a new hearing date for continuance. How can I file then?

Pro se- Efile in Texas. Only order given was of a final hearing April 11 that was post marked March 22. I called multiple times explaining the ordeal and just getting transferred and not helped. I also need more time for evidence and legal.

John Michael Frick
John Michael Frick
answered on Apr 10, 2023

You need to file a verified motion for continuance attaching an affidavit or sworn declaration detailing the medical issue and necessity for your surgery. It would be beneficial to attach sufficient medical records to demonstrate your procedure is not elective and cannot wait.

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can a lawyer file a nunc pro tunc to change the date on a divorce decree if it effects the total money received?
John Michael Frick
John Michael Frick
answered on Apr 4, 2023

A judgment nunc pro tunc is commonly used to correct an erroneous date in a judgment like a divorce decree. The question is whether the error is a clerical error or a judicial error. A judgment nunc pro tunc can be properly used to correct a clerical error, but not a judicial error.

The...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What can I do about my ex husband trying to claim he is too ill for child support?

My ex husband was an abuser that drinks & abused substances. I tried to leave with my kids that I solely provided for. He would threaten to kill us every time & we could never get out. In 2014 we finally got divorced (thanks to a pushy mistress) & he still wouldn't let us go. He... View More

Jonathan Tanaka
Jonathan Tanaka
answered on Apr 4, 2023

The attorney general's office should be able to work on getting that back for you -- I would recommend reaching out to them. Before doing so, make sure you have a copy of the divorce decree so you can provide them with the cause number.

I wish you all the best!

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Is it possible to waive the 60 day wait period for divorce in Texas if previous divorce attempt happened?

My parents filed for divorce in 2015 and while waiting for it to be finalized they cancelled it. They are filing for it again now and we were wondering if it is possible to reopen that original divorce case and have the waiting period waived. This is pertinent as my mom is currently homeless... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2023

No. There are only two exceptions to the 60-day waiting period, both of which involved family violence.

Typically, the lender would only require your dad to sign the Deed of Trust because of his homestead rights in the event of your mon's death before the loan is repaid. Many married...
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1 Answer | Asked in Divorce for Texas on
Q: Should I die how can I leave my house to my new wife. The house is in my name and my X. I got house after divorce.

Mortgage is in my name and X wife name.

Mortgage company won’t remove her name.

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

You can do so either by leaving it to your new wife in your Last Will and Testament or by a Transfer on Death Deed.

If you signed a Deed of Trust to Secure Assumption in favor of your ex, be aware that your ex can "foreclose" on it if the mortgage is not timely paid.

1 Answer | Asked in Divorce for Texas on
Q: What is the amount of a typical retainer for a divorce case of average complexity in your area?
John Michael Frick
John Michael Frick
answered on Mar 23, 2023

$5,000 - $10,000 in a case of average complexity

1 Answer | Asked in Divorce and Family Law for Texas on
Q: If my husband dies before the divorce is final do I get all his proceedings in his assets and his land and his house

They were together for 25 years common law married and they legally got married and were together for 7 years I believe and then they were gay men one had inheritance the other one had not been able to work cuz he wouldn't let him there was domestic violence involved and he has assets and... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2023

It depends on whether your husband names you as his sole heir in his last will and testament, whether he has any children, and whether any of the property he owns at the time of his death is his separate property.

If you are named in his will as his sole heir and he does not have any...
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1 Answer | Asked in Divorce for Texas on
Q: I have taken over a vehicle payment for over three years for one of my kids and he and his wife are divorcing do I legal

The vehicle is soley in my son’s name, he obtained the vehicle before they married do I have legal rights to this vehicle.

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

Unless you and your son entered into a formal loan relationship and you properly recorded any lien on the car title, you do not have any legal rights to the vehicle itself.

In fact, without evidence of a loan, your taking over the car payments might very well be considered a gift....
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My wife filed for divorce 01/25/23. I just today got the waiver and decree from her attorney. I don't know what to sign

The waiver says I give up my legal rights and won't be present at the court date. I don't want that because the wife was full of lies and deception during the marriage and separation. I don't want her going in front of the judge with more lies and getting the conditions of the divorce changed.

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

Based on what you said, I would not sign the waiver and would instead hire an attorney to file an answer on your behalf and to review the proposed decree.

There is no telling what sneaky things she or her lawyer may have put into the decree to disadvantage you. There are subtle ways to...
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2 Answers | Asked in Divorce and Family Law for Texas on
Q: (Texas) If my spouse has use of a bank account that is not in her name, can that account be an asset?

My spouse has a separate checking account at our credit union that she opened after separation. Our credit union requires that there be an attached savings account. It is not connected to the shared savings account, so that means that there has to be another account somewhere. I know that she can... View More

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

Yes, the information can be secured by your attorney.

Yes, if your wife deposited community funds into another account which is held in her brother’s name, or anyone else’s, those funds are still part of your marital estate.

On the other hand, if the account is merely linked to...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas Divorce in District court. How and why spouse may request other party to pay for her/his lawyer? Both are poor

Neither of us wanted or could afford divorce lawyer. But now I got the gift from friend. He sent me $5K for the divorce lawyer. But someone told my spouse that she may request me to pay for her lawyer. What is the legal ground for that? And in which circumstances they would satisfy such her request?

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

Tex Fam Code 6.708 authorizes the divorce court to award reasonable attorney fees in divorce proceedings. Tex Fam Code 6.502 authorizes to make temporary orders awarding interim attorney fees to a spouse.

Typically, this is done when one spouse controls community property like bank...
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1 Answer | Asked in Divorce and Social Security for Texas on
Q: Seeking assistance with social security appeal process for former spousal benefits

I am 66 years old, and I applied for former spousal benefits in July of 2021. Neither him or I ever remarried. We both live in the state of Texas. My application was denied on 10/15/21, and I formerly appealed the decision on 11/20/21. That appeal was officially denied at the end of January of this... View More

James L. Arrasmith
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answered on Mar 15, 2023

I'm sorry to hear that your former spousal benefits application was denied and your appeal was also denied. Here are some steps you can take to seek assistance with the Social Security appeal process:

Contact the Social Security Administration (SSA): You can contact the SSA by phone or...
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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: My ex is trying to put our home in foreclosure to spite me. Is there a way around it?

After a DV situation I left the home for safety. The divorce that followed said I was owed x amount of dollars when it was sold. A few months after I left, he did too. He informed my child that he was letting the house go into foreclosure. That way I got nothing and would be unable to save my... View More

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

In a typical divorce where one spouse is awarded part of real property and the other spouse is responsible to pay the mortgage, the first spouse receives a deed of trust to secure assumption.

If the second spouse does not pay the mortgage, the first spouse can then exercise her rights...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My spouse is refusing to split her 401k in the community property division. My question is: Can she actually stop it?
John Michael Frick
John Michael Frick
answered on Mar 9, 2023

In a divorce, the parties’ community property is divided in a manner that is “just and right.” That does not mean that each asset individually is divided 50-50. It is not uncommon for each spouse to be awarded his or her own employee benefit plans, like a 401k.

In some cases, one...
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1 Answer | Asked in Divorce for Texas on
Q: I need help with spousal support and insurance. husband left me, because I’m disabled and now he’s engage with someone
John Michael Frick
John Michael Frick
answered on Mar 8, 2023

You should engage the services of an experienced family law attorney in or near the county where you or your husband live.

Expect to have to pay an initial consultation fee and deposit an initial retainer out of your community property funds.

You may be able to get temporary spousal...
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1 Answer | Asked in Divorce, Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What happens if I am suffering of remote neural monitoring/V2K and know who is behind it, what can I legally do?

They are my ex-brother/mother/father in law, legal counsel and potentially a law enforcement agency. This began 4 months after my ex-husband filed for divorce, and has been taking place for 1 year and 7 months (roughly, to my knowledge). Who can help me stop them?

James L. Arrasmith
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answered on Mar 2, 2023

Remote neural monitoring and V2K are not recognized by mainstream science as valid technologies, and there is no evidence that they actually exist or can be used to control or monitor individuals. Therefore, it is unlikely that you are experiencing these phenomena. If you are experiencing symptoms... View More

1 Answer | Asked in Divorce for Texas on
Q: received my email when the final court date for my divorce will be, do I need to forward it to my ex? They receive own?
John Michael Frick
John Michael Frick
answered on Mar 1, 2023

While your ex should also receive notice, the Petitioner usually has the responsibility of ensuring that the Respondent receives timely notice of the final hearing.

Otherwise, the court may not proceed.

1 Answer | Asked in Divorce for Texas on
Q: Divorce car question

I purchased a vehicle for my wife in 2010. I got out of the Marine Corps and couldn’t make the payments. I signed the car over to her father. She has been the sole operator of that car for 12 years. Would this mean the car belongs to her? Like a gift or something? Even though her names not on... View More

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

From your question, it appears the car belongs to her father.

1 Answer | Asked in Divorce for Texas on
Q: I want an uncontested divorce

I need to know the cost and how quickly we can resolve this

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

A typical uncontested divorce should cost $5,000 or less if there are no children, no real estate, no retirement plans, and no special asset or debts to address.

You should be able to complete an uncontested where both parties sign off on an agreed decree of divorce in about 90 days.

1 Answer | Asked in Divorce and Child Custody for Texas on
Q: I’ve been served with divorce paper. Our child’s birthdate is incorrect on the paper. Does this void the citatation?

My spouse left our home and went to a different country for business without discussing this with me. He comes back for a week or two every month, sometimes every other month. I want family counseling before a divorce happens. I also want custody of our children with scheduled visitation. No... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 21, 2023

No . It is valid. The date will be corrected

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