Because you have an existing court order and a new case seeking primary custody, you need to file a motion for temporary orders or, if there is an imminent threat to your child, a motion for a TRO. The facts stated in your question do not justify your violation of an existing court order in my... View More

If you believe your child is being abused, neglected, or exposed to harmful conduct due to your ex-wife's boyfriend's behavior, you should file for a modification of the custody order and request a temporary order. Present evidence of the boyfriend's drug use and criminal history.... View More

During a divorce, all property owned or possessed by either spouse is presumed to be community property. That presumption can be overcome by clear and convincing evidence proving, for example, that you bought the property (i.e. the car) before your date of marriage. Because motor vehicle titles... View More

It is unfortunate that your husband would do such a thing after supporting him for 25 years. You will need to hire an attorney to argue your legal defense and obtain the best possible outcome which should be the dismissal of your case under the provided facts and circumstances. If you do not have... View More

With respect to the criminal charge, if you are indigent, you will receive a court-appointed attorney.

Since you maintain that you are innocent of the charges, you should secure a hair follicle drug test as soon as possible to corroborate your testimony that the drugs were planted and do... View More

Yes. A spouse can file a petition for divorce on the ground of abandonment. TFC 6.005. The wife must prove the husband left with the intention of abandoning the wife and remained away for at least a year. In the divorce action, the wife will be entitled to a just and right division of the... View More

It is true that an individual usually can destroy his own property. In a divorce proceeding, however, if a spouse has deliberately destroyed property like an automobile that was part of the parties' community property, the divorce court can award the innocent spouse a disproportionate share... View More

If there was a trial, you need to prepare and submit written objections to any part of the decree that you think should not be included within ten days of when you receive the draft decree from opposing counsel. The court will then hold a hearing on your objections. You should be prepared to... View More

You should hire an attorney experienced in divorce law in or near the county where your divorce proceeding is pending. Given the facts stated in your inquiry, you should seek out one with several years experience or one who is board certified in family law. You will almost certainly need to pay a... View More

There is a mandatory 60-day waiting period between the time a divorce petition is filed and when the court can grant a divorce. When the 60-day waiting period elapses, if your spouse was properly served and has not filed an answer, you can file a motion for default judgment, set it for hearing,... View More

A divorce which will require the sale of a residence and spouses located in different states is not a DIY project. While some attorneys are willing to work on monthly payment terms, you best bet is to secure a credit card or loan for $10,000 or so and use it to hire an attorney to assist you.... View More

There is no need to add that in the petition for divorce. You should, however, put appropriate language awarding each vehicle to the respective spouse in your divorce decree with the remainder of your property division.

In depends on what your divorce decree states. A divorce decree should contain a specific provision awarding any motor vehicle that was part of the marital estate to one or both spouses. If no such provision is included in your decree, there is a substantial question why not. Typically, upon... View More

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answered on May 21, 2024

I'm sorry to hear about your difficult situation. The impact of divorce on your and your children's green card eligibility will depend on the specific type of visa and green card process you're going through. Here is some general information, but please know that it's best to... View More

Your husband is legally the presumed father of any child born during your marriage. It would be in your best interest to disclose the one-year old child, to disestablish the paternity of your husband, and to seek a paternity finding that your current partner is the father of the child. Not... View More

Jurisdiction and venue are established at the time a lawsuit is filed. The only way to make a change after a lawsuit has been filed is to dismiss the pending lawsuit and refile a new lawsuit in a court with jurisdiction and venue. In most "visitation" matters, the state and county with... View More

If there is not a scheduling order entered in your specific case, the deadlines set forth in the Texas Rules of Civil Procedure (not Evidence) and the Texas Family Code govern. Read chapter 301 of the Texas Family Code and Rules 192-195 of the Texas Rules of Civil Procedure, especially Rule 194a.

A mentally competent person can fire an attorney, including a court appointed attorney, any time without having to provide any explanation.

A court is not required to appoint a new court-appointed attorney or to grant a continuance of any setting. The defendant can represent him- or... View More

Legally, an individual is allowed to represent herself (or himself) in court in Texas. It doesn't matter whether you are asking for court ordered child support or not.

Legally an individual can rebuild the transmission of her own car.

You have to ask yourself if you have the... View More

No, you cannot revoke a divorce. If you were unaware of the previous divorce proceeding and did not receive notice as a result of some fraud or deception by your ex-husband, you could possibly file a bill of review.

Disparity in income standing alone is not a sufficient basis for an award... View More