Get free answers to your Divorce legal questions from lawyers in your area.
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I have a quick question regarding my ongoing child custody evaluation. My wife recently traveled overseas and informed the court counselor that she has no plans to return to the US. At present, our children are living with me as per a temporary custody court order I'm not sure what... View More
answered on Feb 26, 2024
Since you have a pending proceeding, and do not have to be concerned with serving the original citation, you can serve your wife, or her attorney, with future notices electronically through the court's electronic file management system. This would include serving her with any notices... View More
I am an American citizen with permanent residency in Ecuador and she is Ecuadorian. We were married in Texas because it was easier and I used to live there. I understand the Texas residency requirements for filing a divorce, but what can a person do if they reside in a foreign country? Is an... View More
answered on Feb 23, 2024
You can get divorced in Ecuador since you are a permanent resident of Ecuador now.
Texas, and other U.S. states, will recognize a divorce from another nation under the principle of comity as long as the procedures in the other country provide a satisfactory level of due process. Typically,... View More
My boyfriend's lawyer, while my boyfriend was in prison, said it would be best to sign as noncustodial parent. He is out now, and doing the right things to live a good life and wants to have rights to his daughter again. What steps need to be taken to make this happen? Who can we call? We... View More
answered on Feb 21, 2024
In order to change the custody arrangement, your boyfriend will need to file a SAPCR ("suit affecting the parent-child relationship") seeking a modification of the current custody arrangement with the court in the county where the child lives in California. While the outcome of every... View More
answered on Feb 21, 2024
The Decree should include the name change if you asked for your name to be changed and the judge granted it. You should register your child support account with the State Disbursement Unit which is where your decree should be requiring the obligor (or his employer if you also have a wage... View More
She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She... View More
answered on Feb 19, 2024
It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More
He’s NOT doing what he’s supposed to. Is there anything as far as penalties?
answered on Feb 13, 2024
Yes. You should contact your divorce lawyer to file a motion to enforce, motion to clarify, motion for contempt, or suit for indemnity depending on what it is your ex-husband is not doing that he was ordered to do. Possible outcomes depend on the specific facts and circumstances of your case and... View More
took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More
answered on Feb 12, 2024
You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More
My husband is leaving me, no divorce, just up and disappearing and has said he is going to ruin my credit. We have a mortgage and a car in both our names plus I have a car in just my name. I can not afford all three on my own plus other bills. I don’t even think I can afford the mortgage plus... View More
answered on Feb 9, 2024
Since both of your names are on these debts, you are both responsible for the obligations. If you believe that he will follow through with the threat, the best option for you is to file for divorce to minimize the damage to your credit.
In a divorce, if the house is community property, the... View More
On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More
answered on Feb 8, 2024
Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.
Your question does not disclose what makes your divorce case complex. I... View More
We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More
answered on Feb 9, 2024
If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.
She also claimed there was an active protective order against me, and waived the 60 day period. This is also incorrect. She was denied such an order yet still chose to lie and say that there had been family violence in our marriage. She also lied about an affidavit of inability to pay, which I can... View More
answered on Feb 8, 2024
No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.
You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.
As for the affidavit of... View More
He states the vehicle title is lost. Sends picture of original title in his possession. Refuse to act to obtain a certified copy of the original and send it to me. I start the long process of need to get a Lien Release from the bank, a certified copy of Divorce Decree, apply for certified copy of... View More
answered on Feb 5, 2024
It would have been quicker and easier to simply have had your ex-husband sign a power of attorney to transfer motor vehicle title on the form provided by the DMV. This is routinely how title transfers due to divorce proceedings are accomplished. A typical divorce decree would have required this... View More
answered on Jan 30, 2024
1. There must be an agreement between the parties to be married;
2. After the agreement, the parties must live together in Texas as spouses; and
3. The parties must represent to others in Texas that they are married.
Alternatively, the parties may file a written... View More
Before my divorce, my then wife left me a note on my door one day telling me to no longer contact her for any reason. She blocked my email, phone number, and all social media accounts. One day, I sent a message to the only social media account she hadn’t blocked me from, one that she hadn’t... View More
answered on Jan 27, 2024
Sorry to hear your troubles.
While there is no real time limit on a cease and desist, letter from the police, you should take it seriously.
If you need to contact her for a legal reason, you should hire an attorney to do that. If you can not afford one, you should call the police... View More
I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More
answered on Jan 26, 2024
Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.
A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and... View More
He has filed for divorce but I haven't been served. Married 9 years in July. Again... My name is only on the refi
answered on Jan 23, 2024
Most family courts in Texas issue standing orders when a divorce case is filed which prohibit both spouses from doing certain things during the pendency of the divorce case which usually includes selling a marital residence without prior court approval. Even though the home is his separate... View More
He has filed for divorce but I haven't been served. Married 9 years in July. Again... My name is only on the refi
answered on Jan 25, 2024
I agree with the other lawyer's answer. Additionally, if this property is designated as a homestead, which would normally be the case if this is your primary residence, he would not be able to sell it without you approving the sale even without standing orders being in place. Texas homestead... View More
We are a family of three with both of us earning within the IT industry. For the divorce to be done I need some insight on
1. Both of us earn almost equal from our employers with a 10% higher on my ends
2. Both have almost equal savings and retirement accounts
3. We have a... View More
answered on Jan 22, 2024
In a divorce, the court will make orders for the division of your community property that are "just and right." In most cases in which the parties own a community property marital residence with substantial equity, if the parties do not agree otherwise, the court will most likely either... View More
The non-custodial parent is not in the picture we live in two different states and he only wants to be a family if I wanted to be with him. I have proof of no help, or wanting nothing to do with our child but, he’s been abusive to me and holding the marriage over my head. I don’t know where he... View More
answered on Jan 9, 2024
In Texas, if you are unable to locate your spouse, you can file for a divorce by publication. This involves legally notifying your spouse of the divorce proceedings through a notice published in a newspaper in the area where they were last known to reside. This method is used when all other... View More
answered on Dec 29, 2023
You could do a pre-nupnif you'd like, but it's not required if you're only doing to protect your interest in your house in Puerto Rico.
In Texas, and property owed prior to marriage is considered that spouses separate property. However, there are some actions that you MIGHT... View More
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