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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce for Texas on
Q: Is there time limit in which i must be served by my spouse or a public servant from the day of filing in texas?
Rahlita D. Thornton
Rahlita D. Thornton answered on Jul 9, 2019

No there is no time limit on that.

1 Answer | Asked in Child Support and Divorce for Texas on
Q: My husband filed divorce. He wants me to fill out the forms. I don't know how too fill out the final decree

Or the child support form. I don't have the means for a lawyer

Homer P Jordan IV
Homer P Jordan IV answered on Jul 8, 2019

You really need the assistance of an attorney, especially with children being involved. Many attorneys accept credit card payments, which helps make it easier to afford. If you can't afford an attorney, try calling the state bar to inquire about pro bono attorneys in your area. -Homer P. Jordan... Read more »

2 Answers | Asked in Child Support and Divorce for Texas on
Q: Husband filed divorce

I don't know how to fill out the child support forms or the final decree

Chad Zubi
Chad Zubi answered on Jul 8, 2019

Greetings,

If your husband has filed for divorce (and especially since you have children) I suggest that you obtain counsel to help you navigate the entire process. It is not just a matter of filling out forms. The divorce decree specifically, is a detailed document that is going to play...
Read more »

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1 Answer | Asked in Divorce and Military Law for Texas on
Q: How do I apply for and file for a divorce from my abusive husband. I'm in CA and afraid to go home in Lone Star, TX

He is at my home in Lone Star with the kids....His 3 biological. He is a VET and a very abusive alcoholic. He says if I come with my grown kids to move out, he's going to have his motorcycle brothers come when we come. I'm afraid for me and my children and his! I don't want any problems. It's my... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jul 3, 2019

I recommend you call attorneys in/near the Lone Star, TX area and discuss your potential case with them. It is possible that you could file the divorce while you are still in California. You could likely pursue most of the divorce without ever traveling to Texas. You may also consider seeking an... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Can we get a divorce in Texas and stay in different parts of the house .? It’s to expensive to set up a second househol
Rahlita D. Thornton
Rahlita D. Thornton answered on Jun 24, 2019

Yes you can file if you have plans to move to separate and their is no reasonable expectation of you ever reconciling because of your differences.

2 Answers | Asked in Divorce for Texas on
Q: Is refusing to comply with some divorce decree provisions cause to appeal the decree? Is J of P court an alternative?
Robert Allen Thornton
Robert Allen Thornton answered on Jun 24, 2019

No to both questions. You have to enforce the decree in a district court. If it is a family district court, and the provision involves the children, you have to go back to the family court. If the provision resulted from an agreement that could be enforced as a contract you could file in a civil... Read more »

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1 Answer | Asked in Divorce for Texas on
Q: 50 in few months looking to divorce. No place to go and not much money at this time. What can i ask for?

Both want divorce but id like to file. Can i ask for some financial help from husband to get me out and on my feet?

Robert Allen Thornton
Robert Allen Thornton answered on Jun 24, 2019

The short answer is yes. You can ask for some help while the case is pending for sure. Whether you could get spousal maintenance after the case is over, depends on your situation and how long you have been married. You would have to file the case and set a hearing for temporary orders. There,... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I've lived in Bexar County for close to 2 years. If you are in Dallas, would you still be able to help me??
Robert Allen Thornton
Robert Allen Thornton answered on Jun 19, 2019

I love San Antonio. Click on my profile and send me a message there and we'll see what we can do.

1 Answer | Asked in Divorce for Texas on
Q: I dont have much money, but I need to file for divorce. No kids or property. Can you please help me?

I fled from the corpus Christi area due to his drinking and abuse.

Robert Allen Thornton
Robert Allen Thornton answered on Jun 19, 2019

I could help you. I am in Dallas County. But, it depends on how recently you left Nueces County. You have to be a resident of the county you are filing in for 90 days for that court to have the authority to handle your divorce. So, if you want the divorce away from Corpus Christi, you will have... Read more »

1 Answer | Asked in Divorce for Texas on
Q: My partner filed for divorce but refused to follow through. Now i want the divorce. Do i have to start all over again.

We have been separated since jan 2 2018 but decided working things out since January 2019. It's gotten really terrible again and i want out finally. Do i have to start the divorce process all over again or just get the final divorce decree, sign it and turn it in? My partner already filed for... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jun 17, 2019

You can still pursue the divorce if you have pleadings on file yourself. It is unlikely that you filed the appropriate paperwork. Since you have a lot going on then I would suggest that you retain an attorney to finalize the case for you. We can assist you if you desire. 888-343-4529

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Texas on
Q: Can you get a no contact order if your spouse is in a different state?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 14, 2019

Yes, threats of imminent violence can be the basis for a Family Violence protective order. Such threats do not even have to be imminent to be the basis for a Stalking protective order. Committing the offense of Harassment on multiple occasions can also be the basis of a Stalking protective order.... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Divorce for Texas on
Q: Can a no-contact order be obtained against me to keep me from my wife even though I never committed violence or threat?

I have not spoken too nor seen my wife in 15 months and suddenly, 3 weeks ago, at a hearing in my criminal case the prosecutor motioned for the order judge gave the order. He has also told my wife not to let me have anything not even a car in my name. I was falsely accused of a crime from... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 14, 2019

The prosecutor can't issue an order... they most they can do is make a motion requesting that the judge issue an order. The judge has fairly wide discretion regarding what she can order the defendant to do (or not do) when it comes to matters of protecting an alleged victim or even the general... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I have the following question regarding the Common Law Marriage in Texas and please provide me with the case law.

Could someone please clarify the following Texas Family Code - FAM § 2.401. Proof of Informal Marriage ?

(2) the man and woman agreed to be married and after the (agreement) they lived together in this state as husband and wife and there represented to others that they were married.... Read more »

Robert Allen Thornton
Robert Allen Thornton answered on Jun 13, 2019

Two people can enter into a written agreement to be married. This, of course, would be conclusive, that is to say, would leave no doubt. Other than that, the agreement can be verbal. But, there does not have to be an actual formal conversation. To prove a common law marriage using this statute,... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: I want to take my child with me out of state to my hometown. Husband physically & mentally abused me in the past

I want to take my child with me out of state to my hometown. Husband physically & mentally abused me, and is a veteran with PTSD. I’ve recently made the mistake of turning to narcotics to cope w/the situation & now I’m worried he has better leverage than me. He just broke my phone & physically... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 7, 2019

Even if you were currently having an affair that would not be a legal justification for a physical assault. You could contact the District Attorney's office in your county of residence and ask how to apply for a Family Violence Protective Order on the basis of the physical assault. You can also... Read more »

1 Answer | Asked in Divorce for Texas on
Q: is there help to get a divorce from a man in jail without having the cash to pay for it?

Am wanting a divorce from a man that wont be release till 2024 but I do not have the money to pay for a divorce.

Don F. Harris
Don F. Harris answered on Jun 6, 2019

Most courts have counters or offices to help people file for divorce without a lawyer.

1 Answer | Asked in Divorce for Texas on
Q: In Texas can you serve your spouse divorce papers before filing with the county clerk

My husband served me papers 2 years ago I signed and returned them and we are still married? I thought you had to file with the county clerk before serving your spouse the papers to sign? Can someone please tell me how I can find out what to do to get the divorce finished?

Victoria Collins
Victoria Collins answered on Jun 6, 2019

First answer, no. A lawsuit (in your case divorce) must be filed, and the county must issue a citation for service to defendants of the lawsuit OR you can sign a waiver of service. But either way you must be notified.

Second, to find out info about the divorce you need to know what county...
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1 Answer | Asked in Divorce for Texas on
Q: Spousal Maintenance ordered. Can I file a withholding order with his job? Do I need a lawyer?

Husband stop paying. Can I file with the court or do I need a lawyer to file?

Rahlita D. Thornton
Rahlita D. Thornton answered on Jun 5, 2019

You can file by yourself. It just may be frustrating to do so. If he did not agree to have it garnished from his paycheck then it won't be able to done unless he agrees. Your best bet is to see if the costs of hiring an attorney outweight the amount to be gained in spousal support. The attorney... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Texas on
Q: I want to take my child with me out of state to my hometown. Husband physically & mentally abused me in the past

I want to take my child with me out of state to my hometown. Husband physically & mentally abused me, and is a veteran with PTSD. I’ve recently made the mistake of turning to narcotics to cope w/the situation & now I’m worried he has better leverage than me. He just broke my phone & physically... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jun 1, 2019

In general if no court involvement you are free to do as you please. However, if a divorce is filed your spouse may request that the child’s residence be restricted to your current residence.

2 Answers | Asked in Divorce and Child Custody for Texas on
Q: Is there recourse if I have hired an attorney, paid a $3500 retainer for custody/divorce case and no progress in case?

Lawyer has only been present for 1 appointment, he sends his paralegal. This has gone on for 3 months (divorce/custody case) We feel like there is no progress, maybe because we are not able to talk to the lawyer. Can I request the money back and find a new lawyer or should I be patient? I was told... Read more »

Robert Allen Thornton
Robert Allen Thornton answered on May 30, 2019

As far as the retainer, ask for a statement of hours spent on the case. An attorney must hold the retainer in a trust account until the money is earned. You should get a statement setting out the time spent on your case so you can see how the retainer was applied. If no work truly has been done,... Read more »

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2 Answers | Asked in Divorce for Texas on
Q: I have been married for 4 years and I am seeking a divorce. Will it be held against me if I move out of the home?

I don’t feel safe going home due to mental and emotional abuse. The home we live in was purchased by his mother prior to our marriage and the home is in my husband and his step fAthers name. We have no children and no other assets.

Chad Zubi
Chad Zubi answered on May 25, 2019

You never know what a judge will do, but moving out of the house could work against you if child custody was at issue, here it is not because you said you have no kids, but like I said a judge has wide discretion. As far as property division goes, fault in the breakup of the marriage is a factor a... Read more »

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