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Texas Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I get a lawyer removed from my case if they’re retired and no longer practicing law but never withdrew?

The lawyer is no longer answering his phone or responding from emails. His information doesn’t show up on the Texas state bar website either so I have no way to reach him. This is the last thing I need to finish my divorce everything has been signed and filed but I can’t get it in front of a... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 29, 2023

I am sorry you're going through this. I would suggest that you print off all information that you have showing how you've tried to reach rhe attorney (i.e. screenshot of blank State Bar website page, screenshot of attorney's non-active webpage, etc., documented proof that you have... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Waive the 60 day divorce period?

Hello, I have a question in regarding to waiving the 60 day period. My spouse has been convicted of domestic violence and we have children together is there a time frame that he had to be convicted.

John Michael Frick
John Michael Frick
answered on Dec 28, 2023

The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction. It only requires that the offense was committed against you or a member of your household. While the court has the authority to grant such a waiver, it is... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I moved from another state to Texas and still haven’t received support nor has the parent tried to see our child

Is there something I can file, or remove his parental right? He has another child and currently supporting that one without a court order and we are married (I’ve got nothing but 20 dollars from them) I’m a survivor of DV and I’m about to reach 6 months of residency what should I do? I’ve... View More

John Michael Frick
John Michael Frick
answered on Dec 28, 2023

Assuming you have a court order for support of your child from the state you left, you can contact the local Office of the Attorney General and provide them with a copy of that court order and ask for their assistance in registering and enforcing your existing support order here in the State of... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I have a question about money awarded to me in a divorce

Ex was in jail and his family sold the 2020 pickup the day after our first court hearing. Two years later at the final hearing I was awarded the truck or $67000. My lawyer refused to tell the judge the truck had been sold. My ex is still incarcerated. My lawyer also made me give the truck back to... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2023

If his family received the proceeds from the sale of the pickup truck, you may be able to ask the court to impose a constructive trust on those proceeds. You will need to identify the particular family member who sold the truck. This information can probably be obtained fairly easily from the... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Family Law for Texas on
Q: In Texas what would the charge be for a man leaving his partner at a house with no transportation, no heat, no electric

He went to jail for family assault with bodily injury to me and violation of probation and left me with nothing in a house that has no bathroom ceiling and no roof in garage that attaches to the bathroom. It's so called in here I have to stay in bed under 3 comforters and haven't eaten a... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

Before I answer your question, I believe you should file for divorce and in doing so, you should ask for immediate temporary support from your husband and for your legal fees.

There is no criminal charge regarding you, but if he has left your child, there may be a criminal charge....
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: I need a divorce attorney and have very limited funds, elderly on SS what are my options?

My wife and I have been separated for several years. She suddenly filed for divorce. I live on very limited amount of Social Security. I can't afford the full services of a divorce attorney. I do have a little money I have saved for a medical procedure. Can I hire an attorney to show me how to... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

There are pro bono legal aid clinics in North Texas, including North Texas Legal Aid.

If you expect a nice property settlement, there most likely are community assets that can be used to hire a reasonably experienced, competent family lawyer. The nature and extent of your property, and...
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1 Answer | Asked in Divorce, Military Law and Family Law for Texas on
Q: Uncontested divorce in Texas (Ft Worth), are they charged at a standard rates or are there low cost options available?
James L. Arrasmith
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answered on Dec 21, 2023

In Texas, the cost of an uncontested divorce can vary. While there is no standard rate for all uncontested divorces, many attorneys offer flat fees for these types of cases, especially when they are straightforward and the parties agree on all major issues. This flat fee can often be more... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Hello, I have a question, my ex-wife filed for divorce and asks for half of everything I have, (we don't have children)

Hello, I have a question, my ex-wife filed for divorce and asks for half of everything I have, (we don't have children) but in 2019 she left the house to go with her lover and took everything I had in it. the house and a car, which the police took from him and he spent 8 months in jail, how... View More

T. Augustus Claus
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answered on Dec 14, 2023

In Texas, the division of property in a divorce is guided by community property principles, meaning assets acquired during the marriage are generally subject to division. While there are exceptions for separate property like premarital assets, inheritance, or gifts, you must demonstrate these... View More

1 Answer | Asked in Foreclosure, Domestic Violence, Divorce and Family Law for Texas on
Q: Exhusb got house in divorce, I'm domestic violence survivor. He was suppose to sell give $10,000 per divorce decree.

He never did he made me sign quit claim said now I'm off loan. He lied to me to refinance. He died house in foreclosure. Can I do anything?

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

If the statute of limitations has not expired, you can sue your ex-husband's estate for the $10,000 you were supposed to receive.

Whether the statute of limitations has expired depends on the language of your divorce decree. Typically, a decree will set a within which a spouse is...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Are the funds from the sale of inherited “personal” property sold during a marriage now joint or separate property?

We live in Texas in a home that I Inherited from my parents after we were married. The home was not completely paid for but came to me with the mortgage. I continued to pay that mortgage after I inherited the house. In Texas property acquired by gift or descent is considered “personal”, not... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Inherited personal property (for example, jewelry or furnishings) is separate property by definition. If sold, the cash proceeds of that sale remain separate property.

Inherited real property (for example, a home on land) is also separate property by definition. Just as with personal...
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2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Our 16 year old lives and works independently outside the home. Will my husband need to pay child support?
John Michael Frick
John Michael Frick
answered on Nov 14, 2023

In most circumstances, a parent can be required to pay child support until a child reaches eighteen years of age and thereafter until the child graduates from high school as long as the child remains enrolled in secondary school.

At age 17, if a child is financially independent, the child...
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2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Our 16 year old lives and works independently outside the home. Will my husband need to pay child support?
T. Augustus Claus
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answered on Nov 14, 2023

Yes, your husband may still need to pay child support for your 16-year-old child, even if they live and work independently outside the home. Child support in Texas generally continues until the child reaches the age of 18 or graduates from high school, whichever occurs later. However, there are... View More

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1 Answer | Asked in Divorce for Texas on
Q: I LIVED IN MY PAID FOR HOUSE 30 YEARS BEFORE THIS 5 YEAR MARRIAGE. HE CONTRIBUTED NOTHING MONETARILY OR LABOR WISE..

NO IMPROVEMENTS OF ANY TYPE WERE MADE THESE 5 YEARS.

John Michael Frick
John Michael Frick
answered on Jan 9, 2025

If you purchased your home before your marriage, it is your separate property unless you gifted or sold part of it to him. If he contributed nothing to it and no improvements were made, there is likely to be no valid claim for reimbursement.

1 Answer | Asked in Divorce for Texas on
Q: Trying to file for divorce can’t locate the other party
John Michael Frick
John Michael Frick
answered on Jan 2, 2025

It is possible to file for divorce when you do not know the whereabouts of your spouse. You may have to serve your spouse by publication and will likely have to pay for a fees of an attorney ad litem appointed by the court to represent your spouse in order to secure a default judgment.

You...
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3 Answers | Asked in Child Custody and Divorce for Texas on
Q: I have gotten divorced, I’m looking to move within the next months do I have to notify the parent of where I stay at?

We have joint managing but I have the ability to designate residence without regard to geographic location.

If I move, will I have to notify the other parent even if he’s not as involved?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 29, 2024

Read your order it should tell you how many days you have to notify the other parent that you are moving.

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1 Answer | Asked in Divorce for Texas on
Q: My wife said if I want a divorce she will take everything she can from me and not let me see my daughter. Next step?

not sure how to proceed, she said she doesn't want a divorce but gave me an ultimatum to make it work.

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

You should hire an experienced attorney who practices in the area of divorce law in or near the county where you reside ASAP.

2 Answers | Asked in Bankruptcy and Divorce for Texas on
Q: If service was not perfected in a divorce does a bankruptcy court have subject-matter jurisdiction to hear the lift stay

I am the debtor in a CH13, I was not served w/ divorce citation; my estranged spouse motioned the court for relief from stay of acts against property and other acts, to lift my CH13 stay in order to proceed w/ property division in District Court, I wasn't served & did not sign a waiver of... View More

Timothy Denison
Timothy Denison
answered on Dec 8, 2024

Yes. Bankruptcy court has jurisdiction regardless of service in divorce case.

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2 Answers | Asked in Bankruptcy and Divorce for Texas on
Q: Does a TX Bankruptcy court have jurisdiction to lift a stay so that a divorce case can proceed w/o service of process?

I filed for bankruptcy, my estranged spouse filed a motion to lift stay to allow the divorce proceeding to proceed, however I was never served with the divorce citation. Also, the case where the Divorce was file lacks subject matter jurisdiction.

Timothy Denison
Timothy Denison
answered on Dec 7, 2024

Yes. The judge can lift the stay but most likely will not. All the other questions would then be determined in the state court divorce proceeding.

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1 Answer | Asked in Divorce for Texas on
Q: If I am awarded the marital property after my divorce is finalized, does my current spouse have to move out?
John Michael Frick
John Michael Frick
answered on Dec 4, 2024

No. If you are awarded 100% ownership of the marital property, you can allow your spouse to continue to live there if you choose. They are not legally required to move out simply by virtue of you being awarded the property. It then becomes up to you.

1 Answer | Asked in Divorce for Texas on
Q: How do I file a written answer if I live in another state

I live in Michigan she filed in Texas she wants spousal support I'm live on SS low income how do I file written answer to Lubbock county clerk for free I can't afford to go to Texas

John Michael Frick
John Michael Frick
answered on Nov 19, 2024

Court papers are filed electronically in Texas via https://www.efiletexas.gov/

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