In Texas, if a child was born during the marriage but is not the biological child of the husband, consider the following aspects of the Texas Family Code:

Paternity: Texas Family Code § 160.204 states that when a child is born during a marriage, there's a legal presumption that the... View More

In the State of Texas, a child born during a marriage is presumed to be the child of the husband (even if it is not). In your Final Decree of Divorce, you must state whether there were any minor children born or adopted during the marriage. Additionally, when you finalize the divorce, the Wife... View More

Child Support Enforcement: If your ex-husband is not abiding by the child support agreement outlined in the divorce settlement, you can seek help from the Texas Attorney General’s Child Support Division. They have the authority to enforce child support orders and can use various methods to... View More

If Father is not paying child support as court ordered, then you would need to file an enforcement/contempt action against him and take him to court for nonpayment of child support. If held in contempt, the Judge could sentence him to jail time.

If there is not a law against a child that... View More

The community portion of military retirement pay is that portion which accrues during the existence of the marriage, i.e. from the date of marriage to the date of divorce. Any portion that accrued outside of the existence of the marriage is the servicemember's separate property.... View More

You will need to instruct your attorney to file a motion to withdraw. Once an attorney has appeared on your behalf, you cannot file court papers on your own behalf in a civil case. Your attorney will have to file a motion to withdraw.

Alternatively, you can hire another, more responsive... View More

I am sorry this is happening to your family member.

If she is ready to file for divorce, but is not financially able to hire an attorney, she could contact legal aid in her county. As long as she meets the income requirements, they may be able to accept her case and provide legal... View More

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answered on Jul 2, 2023

This question has divorce issues and real estate issues.

The first move is to review the divorce settlement order to see if there is any recourse you can take to sell the property or force a sale. If it is not written or prohibited, you can file a partition or other real estate lawsuit to... View More

Unless your divorce decree provides otherwise—and they typically don’t—you have no obligation to notify your ex-wife of your retirement.

And it is true that she will have to find you and serve you.

With respect to collecting, I’d be most concerned about a constructive trust... View More

1. The main consideration is whether the foreign court had jurisdiction over the subject matter and the parties. A secondary consideration is whether the foreign judgment violates public policy.

2. If the property is land located in Texas, only a Texas court likely has jurisdiction to... View More

Ordinarily, disposing of marital assets during the pendency of a divorce violates standing orders of the court.

Because you have already agreed to exchange belongings and she has stopped responding to your communications, I would move all of her belongings into a self-storage unit, take... View More

Since your summer possession schedule does not follow the standard possession schedule, you should take the order/decree to a family law attorney so that the above quoted sections can be read in context of the possession schedule as a whole.

From the quoted sections, it sounds like your... View More

1. Identify the individual lawyer or lawyers who have appeared in your case. Typically, they are listed by name with the State Bar numbers in the signature block of each pleading filed in your pending case.

2. Go to the State Bar of Texas website and look them up to determine current... View More

In a typical divorce case where the spouses have children, the suit affecting the parent-child relationship (custody, etc.) is resolved in the same action at the same time as the issues involving the divorce and division of the spouse's marital estate.

In a situation where one spouse... View More

An owelty lien is placed on real property at the time of divorce, not after.

A competent divorce lawyer would always place one if one spouse is awarded ownership of real property but is required to pay the other spouse money for his/her interest in the property.

If your divorce... View More

Yes. She can just say no. She can refuse to sign an agreed decree.

At some point, you or she will have to set the case for trial and complete pretrial preparations as ordered by the court.

And yes, that will increase your legal expenses if you have a lawyer. By how much depends... View More

The title company should withhold the money from the purchase price at the time of sale and send it to you.

You will likely be required to attend the closing and sign documents. If your divorce was handled by a competent attorney, you should an owelty lien securing the $45,000 payment owed... View More

Legally, you can always represent yourself in your own divorce proceeding.

It's like rebuilding a car engine. Legally, you can rebuild your own car's engine. It's probably not wise if you don't know what you're doing.

Many people with substantial legal... View More

It is not always required but it is often required and is very useful. In many instances, spouses "forget" about assets like accumulated frequent flyer miles, unpaid bonuses, etc. Taking the time to complete a thorough and accurate Inventory and Appraisement helps the parties and their... View More

Unless there is already a scheduling order in place which imposes a pleading deadline, you generally can freely amend your counter-petition up to seven days before your trial setting. Ordinarily, a court must allow you to amend your pleading, but may grant a continuance to avoid surprise or unfair... View More