Get free answers to your Divorce legal questions from lawyers in your area.
We borrowed from the equity during refi. Now divorcing, who owes who? Is the equity my separate property that he owes me half of or is it community debt that I owe him half of ?
answered on Feb 13, 2023
Because you owned the property before marriage, it is your separate property notwithstanding the refinance. Any appreciation in value belongs to you.
Your separate property estate may owe his separate property estate or your community estate based on the equity which has accumulated due to... View More 
I am currently going through a highly contentious divorce that is slated to go to trial very soon. I did have an attorney but due to extenuating circumstances I do not currently have representation.
I am not prepared to try and represent myself against my ex-wife’s team of attorneys. I... View More
answered on Feb 11, 2023
Ordinarily, the court will not allow your attorney to withdraw close to a trial setting.
You can fire your attorney at any time, but firing your attorney will rarely get you a continuance.
I have personal experience with competent family lawyers stepping into a case for the first... View More
Until I have received the money.
Divorce was finalized on January 18th 2023
Left in December 2021
answered on Feb 9, 2023
An award of retirement funds in a divorce is contained in what is known as a QDRO (“Qualified Domestic Relations Order”).
Because retirement funds are not available until the employee’s retirement, the QDRO details exactly how the portion of the funds allocated to the employee’s... View More
i filed and he responded denial to my simple request. also need 24 hour care as i am learning to walk again. care is expensive and i am low on funds. i do recieve 1500. from ssecurity
is it posssible to get spousal support? how much?
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answered on Feb 8, 2023
In Texas, assets acquired during the marriage are considered community property. This means that any asset earned or acquired during marriage– be it earnings, retirement accounts, real property, personal belongings, etc – are subject to a just and right division in a Texas divorce. Even if an... View More
I can't afford lawyer now but everything was already agreed by both parties just waiting on judge to sign. Do I need to hire lawyer again to get a judge to sign??
answered on Feb 6, 2023
You may need to schedule a prove up hearing to present the necessary evidence for the judge to sign your proposed final decree of divorce.
You should contact court staff to see when your judge holds her prove ups and whether you need an appointment or can just appear with your necessary paperwork
answered on Feb 4, 2023
You should serve your spouse with citation and a copy of your petition if your spouse hasn’t already filed a written answer.
If your spouse does not file a written answer after being served, you can obtain a default decree of divorce.
If your spouse has already or does file a... View More
My husband is claiming he filed for divorce but I haven't received any paperwork yet. It's only been a few days but I want to be ready.
answered on Feb 1, 2023
Certainly getting ready for a divorce is a good thing to do. An attorney could possibly check the court’s records for the filing as well. Good luck to you.
Divorce case
answered on Jan 31, 2023
It depends on whether you are seeking temporary spousal support during the pendency of your divorce or post-divorce spousal maintenance.
You should consult your divorce attorney who will be more familiar with the facts and circumstances of your particular case.
Is 5k normal for the 1 hour
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... View More
Our attorneys wrote on the temporary order an extra fee of 5k each
Is that reasonable?
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.
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.
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... View More
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
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?
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.
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.
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... View More
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... View More
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.
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!
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... View More
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
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
answered on Jan 11, 2023
Usually a client intake questionnaire, inventory & appeasement worksheet, parenting plan worksheet, and attorney employment agreement.
What can we do to get the divorce without going into court
answered on Jan 9, 2023
If you are in Harris county you may be able to appear by zoom
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.
answered on Jan 5, 2023
It has been more than two years since you separated so you don't need to file for divorce.
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