Get free answers to your Divorce legal questions from lawyers in your area.
the participant is the respondent in a divorce case and will not answer the divorce petition, subpoenas, or the attorney's phone calls. The attorney has reached out to the retirement provider, and they have said they can't give out any information without the participant's signature
answered on Dec 7, 2023
The entity that manages the 401K plan cannot release information without the plan participant's consent or a subpoena. Have your attorney send the entity a subpoena.
I need help with QDRO
answered on Dec 4, 2023
There are pro bono legal aid clinics in North Texas, including North Texas Legal Aid. If you need a QDRO, you most likely do not qualify for a pro bono attorney through any legal aid clinic.
answered on Nov 29, 2023
No but you will need to provide those in your sworn Inventory & Appraisement, along with copies of recent statements, after the petition is served on your spouse and he/she answers
answered on Nov 29, 2023
If you have lived in Texas for six months or longer, you now meet Texas' residency requirements and can file for divorce here.
Two children, 15 years and 13 years old.
answered on Nov 16, 2023
Your ex-husband can "demand" whatever he wants. Remember that a "demand" is simply want he wants. You are under no obligation to agree to anything in mediation. You can say "no."
In divorce court my ex husband and his sister both lied about an inheritance of $250,000. I am angry about it and want them to be held accountable. What can I do?
answered on Nov 13, 2023
An inheritance received by one spouse is that spouse's separate property. So, in a divorce proceeding, whatever inheritance your ex-husband received should have been confirmed as his separate property. You would not have had any claim to it.
In dividing your community property, the... View More 
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answered on Nov 10, 2023
you cannot force your spouse to move out of the marital home unless you have a court order granting you exclusive use of the home. This typically occurs during a temporary order hearing in a divorce process. If you and your spouse cannot agree on living arrangements, the judge will make the... View More
What actions can I take to get my portion of the money due to me so I can buy my own home for me and our kids that I have custody over?
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answered on Nov 8, 2023
File a motion for contempt of court. This is a legal proceeding that asks the court to hold your ex-spouse in contempt for violating the terms of your divorce decree. If the court finds your ex-spouse in contempt, it can order them to pay fines, jail time, or both.
File a motion to enforce... View More
My husband wants to proceed. what does he have to do that divorce happens and what do I tell the court if or when they give us the court date
answered on Nov 7, 2023
Each and every divorce case is different depending on whether children are involved, what assets the spouses have, what debts they owe, whether spousal support is available, etc. In many instances, it also depends on the county, and sometimes the particular court, where your case is pending.... View More
Bank says I’m responsible now is the house 100% mine again ? She never legally got it switched into just her name …
answered on Nov 2, 2023
If the house was awarded to your ex-wife in your divorce decree, the house will only pass to you if she left it to you in a will executed after your divorce case. Otherwise, it will pass through the intestate laws to her children or her siblings, etc.
Your divorce decree should indicate... View More
She left him very abruptly and she ended it horribly with not a lot of questions answered. No sit down and discussion about why or anything. Just kicked him out and then cut him off completely. And well my brother being heartbroken and in so much emotional pain wanted answers and explanations.... View More
answered on Nov 1, 2023
I am not sure of your exact question, but if a protective order has been issued your brother must stay away or risk going to prison. He needs to talk with a criminal defense attorney and a divorce attorney. Good luck.
He filed for divorce as he been threatening me and abusing me mentally and financially, I reached out to the base to help me as I have a daughter and I can’t work without green card, first he wanted me to sign the proxy divorce I never sign, then I filed for child support after receiving child... View More
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answered on Oct 22, 2023
I'm sorry to hear about your situation. In circumstances involving abuse, you might be eligible to self-petition for a green card under the Violence Against Women Act (VAWA). This allows victims of abuse by a U.S. citizen or permanent resident spouse to seek legal status without relying on the... View More
I don't know where she is at if she us in America already she won't tell me or give me an address to send papers to her she continues to lie to me and I don't want this marriage anymore but how can I do thus if I can't find her
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answered on Oct 22, 2023
I'm sorry to hear about your situation.
If you cannot locate your spouse, you might be able to proceed with a divorce by publication. This method involves publishing a notice in a local newspaper to inform your spouse of the divorce proceedings. Each state has its own requirements for... View More
I got laid off 2 weeks ago....I want to start a business (several months away from soliciting businesses) but I want to set up the infrastructure (form LLC, build website, etc.). Can I start on this while we wait for it to go final? I have a lot of time while I'm looking for a job, I'm a... View More
answered on Oct 19, 2023
Yes, you can begin the process of establishing an LLC during the final stages of your divorce, as long as these actions do not result in changes that establish ownership rights or confirm the existence of the LLC before the divorce is officially finalized. However, there are a couple of important... View More
The decree states, " Except as otherwise expressly provided in this Modified Expanded Standard
Possession Order, if a weekend period of possession by (the father)
begins on a student holiday or a teacher in-service day that falls on a Friday during
the regular school... View More
answered on Oct 13, 2023
Correct. The father picks the child up from school on Thursday when school is dismissed and retains possession until the end of his regular weekend possession, which is typically either when school resumes Monday morning or at 6:00 p.m. Sunday evening depending upon the terms of the order.
The father has designated the step-mother as a competent adult(although she is a convicted felon). Is she permitted to pick the children up from school if she has not been designated on the school access list? What steps do I take at the school for them not to release the children to her?
answered on Oct 13, 2023
No, the school will not allow anyone not on the school access list to pick up a child from school.
You, however, should do nothing. He has the right to designate any competent adult to pickup the child on his behalf. But it is incumbent on him to add stepmom to the school access list.... View More
And I couldn’t make a reply to that divorce to her attorney office and I have 30 days to reply to the divorce notice? And she published in her newspaper 3 different newspapers in her state with the wrong address and zip code of my and she got divorce and same day she got her divorce decree... View More
answered on Sep 30, 2023
If a court signed a divorce decree, your divorce is “real” and you have a limited time to file a motion for new trial, an appeal, a restricted appeal, or a bill of review. These can be legally technical and costly remedies and you need the services of a competent and experienced appellate... View More
Want to know if I can claim for his retirement benefits after the divorce?
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answered on Sep 22, 2023
In Texas, retirement benefits can be considered community property and may be subject to division between spouses during a divorce. However, the specifics of how these assets were allocated would typically be laid out in your divorce decree or separation agreement. If your divorce decree from 1994... View More
We currently have a divorce petition filed in Texas and a draft decree proposed. Both of us agree of the draft, however both of our lawyers are dragging the process out ( we believe for monetary gain) and we are wondering if we can file the DIY paperwork ourselves and if we have to wait another 60... View More
answered on Sep 20, 2023
Unless you have no children and no assets of any real value, it is never advisable to do a DIY divorce unless you have substantial legal experience in family law cases (for example, if you were a paralegal in a family law practice).
A typical agreed divorce can be completed for under... View More
My sister married me and my now ex 3 years ago, we did not have a ceremony and there were no witnesses. My ex and I have been separated for a year and I was wondering if a divorce was necessary if the legality is questionable?
answered on Sep 15, 2023
Yes, you would need to get a divorce. The lack of ordination of the officiant is not one of the reasons that renders a marriage void under Texas law.
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