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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce for Texas on
Q: Hi !! I filed for divorce several months ago ! My husband is a very controlling, cruel man !! He & his lawyer received

Riule 194 Discovery first of November he had until TODAY to answer Needless to at he HAS not ! What will happen now !???! He thinks he’s so wealthy & powerful that this will all disappear ! I also NEVER sighted a prenup !

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

Failure to answer a 194 only limits what evidence he can present at trial. You need to serve other written discovery as well. When that isn't answered, then proceed with motion to compel. Best to retain an attorney to handle all this for you.

2 Answers | Asked in Divorce for Texas on
Q: What happens to my kids if I want to get a divorce?
Jane M. Gekhman
Jane M. Gekhman answered on Dec 31, 2020

If the children are under 18 years old, you will likely have one parent that the children live with and the other parent that they have visitations with. The decree will spell out each parent's rights regarding the children, times when each parents has the children, as well as child support... Read more »

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3 Answers | Asked in Divorce, Family Law and Immigration Law for Texas on
Q: What can I do? Divorce issue

I was married to wife A in Colombia in 2001. I filed for divorce there in Aug 2005, it was a very simple and quick divorce (my lawyer told me it would take no more than 6 months) and moved to US in 2005. I remarried wife B (no US citizen) in Colorado in June 2006. We (wife A and I) filed our... Read more »

Rick  Davis
Rick Davis answered on Dec 29, 2020

Your question does not lend itself to an easy answer. Are you presently residing in Texas? In Texas, a Judge may pronounce a divorce as being granted on a certain date but not sign the Decree until several days or weeks later. The answer to your question may turn, in part, on whether a divorce... Read more »

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1 Answer | Asked in Divorce for Texas on
Q: How to get a divorce?

Got married at 18 & he's now 38. Can't find his wife. Haven't been in contact since he was about 19. They Married in Alabama but he now lives in Texas. What can we do?

Jane M. Gekhman
Jane M. Gekhman answered on Dec 22, 2020

Best to find a family law attorney that practices regularly in the county he lives in for assistance. Most likely he will have to provide notice of divorce to his spouse via publication. In other words, there is a way he can get a divorce even if he does not know where she lives.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: May I request that Tolling begin from the end date of my completion of intensive Cognitive Behavioral Therapy?

Emotionally distraught from witnessing the aggravated kidnapping of my children 3 mts prior, I did not have the mental capacity to give an accurate testimony regarding domestic violence that frequently occurred in my home. He knew what absconding with our children would do to my emotional... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 17, 2020

Tolling what? The protective order? The duration of a Family Violence Protective Order is set at the time of the original order and it is not possible to extend an order through the modification process. However, it is possible to extend a protective order if it expires while the respondent is... Read more »

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: my wife & I want to divorce. we have 2 boys 9 & 10 yrs. the wife have no Social security# she left USA 4 months ago.

we both agreed on the divorce terms , no properties , the children(who are U.S citizens ) will be in my custody and will live with me here in the USA , what is the easiest and fastest way to get the divorce (knowing that she is out of the country and can not re enter USA without a visa . what is... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Dec 15, 2020

Don’t need a social security number to get a divorce. Just file for divorce and have your wife sign the waiver of citation and agreed decree of divorce. Then prove it up. He attendance is not required. Even if a hearing is scheduled for any reason most are done by zoom now. If she is willing... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Can my wife and I get divorced on our own terms?

We have agreed on payment plans other then child support

John J. Pfister Jr.
John J. Pfister Jr. answered on Dec 15, 2020

You can try and many courts will sign any agreed order. However some will review an order to see if support ordered and may question the parents to determine if child is being provided for. The only way to force a court to accept your agreement is with a mediated settlement agreement.

2 Answers | Asked in Divorce for Texas on
Q: Me and my husband have been separated for over two years. If I buy any property will he have any claim to it?

He owned a home when we got married. If we divorce can he try to claim part of what I buy after we separated?

John J. Pfister Jr.
John J. Pfister Jr. answered on Dec 14, 2020

If you are still married, any property you acquire is still community property and he would have an interest in it.

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1 Answer | Asked in Divorce for Texas on
Q: In Texas, my husband gifted the deed to me (land and home) / purchased with separate funds. If we divorce. What now.

Even if some utility bills are paid together.

Teri A. Walter
Teri A. Walter answered on Dec 4, 2020

If you can prove that the property was a gift, then it's your separate property. However, in a divorce, all property acquired during the marriage is Presumed to be community property, so you'll have the burden of proof on that issue.

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: My wife moved to P.R. with my daughter violating the geographic restriction

I was arrested on Mother’s Day for domestic violence, my ex told the police I hurt my daughter. The case was no billed. July she moved to Puerto Rico while our divorce was pending. We got it finalized in August. She suppose to have brought my daughter back to the states so I filed for... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

Ask your family law attorney here in Texas if you should consult a family law attorney in Puerto Rico.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Finances during separation

My husband and I are separated. He is VERY ill and I'm helping here and there when I can. He has kept the home and all the debts that come with. Some are in my name. If he can't get them out of my name, I was told to just bring my decree to show he is responsible. With him being ill,... Read more »

Ty Czapla
Ty Czapla answered on Nov 18, 2020

If you have a debt that you are jointly responsible for, you are both responsible for it. The only way to change it is to get the lending institution to allow a change in responsible party. If he is not working and is very ill, that is not likely to happen. You could sign an agreement with him... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Modification of divorce Decree "Urgent Matter" Divorced 2 Months ago and had no Legal Representation.

Modification of divorce Decree "Urgent Matter"

Divorced 2 Months ago and had no Legal Representation.

Change of Circumstances

1- He kept the family business, and I was legally working there, the decree does not state I was going to be left without job.

2-... Read more »

Sharita Blacknall
Sharita Blacknall answered on Nov 2, 2020

The best advice I can honestly give you at this time is to hire a lawyer.

If you cannot afford a lawyer go to legal aid for your county to see if you qualify for a free lawyer.

Your situation is complicated and time-sensitive so you will need someone with legal expertise to help.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Separated wife needed break so she took trip to Tennessee but took my son to her mother's but didn'tgivemeoptiontokeep

She currently lives in the house and she wanted me to live with my dad but I said no so I stay in our travel trailer I pay all the bills she has no job just want to know the best options.

Yanine Dominique Krohn
Yanine Dominique Krohn answered on Oct 14, 2020

I would strongly encourage you to schedule an appointment with an attorney in your area. Whenever anyone wants to have orders specifying their rights and duties to their children, those orders have to be issued by a court with jurisdiction (i.e. authority to make orders that affect your life). A... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Standard Wording for Flights Parents Over 100 Miles Texas

Had a hearing and judge did not make a ruling on no plane change flights. We do not live in a city where this is an option and opposing party is writing in "no equipment change" flights.

Is this standard? They are also asking for "all travel expenses" incurred to be... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 13, 2020

I can answer the first part of your question. A "direct" flight is not the same thing as a "non-stop" flight, which is a distinction I think you are confused about. Any flight that leaves from the correct city and arrives in the city designated by the court order is a... Read more »

1 Answer | Asked in Divorce and Legal Malpractice for Texas on
Q: Hi my question is if an immigrant person can get free legal aid help??
Tim Akpinar
Tim Akpinar answered on Oct 11, 2020

A Texas divorce attorney could answer best, but you await help for four weeks.

There is a page here on Justia - Texas Divorce Legal Aid & Pro Bono Services

Here is the link to the page:

https://www.justia.com/lawyers/divorce/texas/legal-aid-and-pro-bono-services

Good luck

Tim Akpinar

1 Answer | Asked in Divorce, Family Law, Tax Law and Child Custody for Texas on
Q: Can new girlfriend be home alone most the time with my child having her own children removed from home

She had 3 kids of her own that she has no right to that live with her mom. Also she spends 98% of time with my child

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 6, 2020

Probably yes but it depends on what your custody order says. There may be a "no shack up" clause that prevents overnight visits when your ex has not remarried.

If the new girlfriend is a danger to the child, you likely have grounds for a modification.

1 Answer | Asked in Divorce for Texas on
Q: How to file a uncontested divorce?

My ex and I have been separated over 17 years. Living in 2 different states over 15 years. We were married in LA and I live in TX. I cannot afford to file and he says he can't either. What assistance can you provide and what steps should I take next?

Ty Czapla
Ty Czapla answered on Sep 23, 2020

If it is a Texas divorce, go to Texaslawhelp.org. You may be able to find an attorney who can do an uncontested divorce cheaply.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I’m Texas if a 14 year old wants to live with one parent, can he go before the judge to request it w/o involving lawyer
Ty Czapla
Ty Czapla answered on Sep 23, 2020

There has to be a custody suit filed and a motion for the judge to confer with the child. Technically, this can be done without a lawyer, but it would be difficult. The judge is required to consider the child's opinion, but it is only factor in the judge's decision.

2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My wife and I are separated and are planning on divorce but she has kept my daughter from me for 3 weeks What can I do ?

I have tried contacting her multiple ways and she ignores all communication when I ask about our daughter ... we are still married just seperated and she filled for divorce 3 days after the baby was born in may but has not furthered the process, my two sons cry to see their sister almost... Read more »

Sharita Blacknall
Sharita Blacknall answered on Sep 21, 2020

You should hire a lawyer to assist you with moving the divorce forward and get your legal visitation rights started.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Do I need a lawyer if I filed for modification of custody/ divorce decree? I haven’t heard from the court about a court.

I filed for modification of custody. My ex husband drove drunk to police station with our child, assaulted me, and evaded arrest. Before that, he was sending me threatening and harassing text messages constantly. He also refuses to refinance the car that he was awarded in the divorce so its... Read more »

Rick  Davis
Rick Davis answered on Sep 12, 2020

It would be difficult for your to represent yourself under the facts that you described. The law in this area can be very technical.

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