Get free answers to your Divorce legal questions from lawyers in your area.
LLC was formed with SOS a couple weeks before marriage, but capital investment ($1000) was made after wedding, with community funds. How would the LLC interest be classified in Texas family law?
answered on Sep 13, 2023
Although I doubt there is any caselaw on this precise question, my initial impression is that under the doctrine of inception of title, the LLC will most likely be characterized as separate property.
But an argument can be made it is community property if community funds were used as the... View More 
Still paying on it
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answered on Sep 12, 2023
In Texas, the division of property in a divorce is governed by community property laws. Texas is a community property state, which means that generally, property acquired during the marriage is considered community property and is subject to division between the spouses in a divorce.... View More
answered on Sep 10, 2023
Either spouse has the legal right to file a petition for divorce with or without the consent of the other. Many Texas attorneys practice in the area of family law and have the knowledge and experience to competently handle divorce cases. You should hire one in or near the county where you reside.
I’ve known about small things here and there, but I recently realized that she has stolen thousands of dollars of stuff from work. Some of those items are drugs that she doesn’t have a prescription for, including some controlled substances. I have wanted to report her, but her and her family... View More
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answered on Sep 6, 2023
You should consult with an attorney more specifically about the situation in the area where you live.
I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More
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answered on Sep 1, 2023
Your ex wife does not have to have your permission unless that is spelled out specifically in the order. At the same time, you do not have to take him unless again that is specifically spelled out in the order. I would suggest a compromise especially if it is something important to your son and... View More
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answered on Sep 1, 2023
In Texas, the division of assets during a divorce is generally guided by community property laws. Community property laws dictate that most property acquired during the marriage is considered community property and is subject to equitable distribution between the spouses upon divorce.... View More
I asked to pick up the divorce pw from the server but instead was served at work almost a week later. She asked my first name and said "you've been served." I then was served at my house by a deputy the next week. Her paperwork was an incomplete petition for divorce without the court... View More
answered on Aug 30, 2023
Private process servers must complete an approved 7-hour course, submit an application, pay a fee, and pass a criminal background check.
Protective order and gps monitor to prevent him from coming to his house. He said he filed for divorce but I have not been served. I'm looking for affordable legal help as I haven't worked in 3 years and finally start a job tomorrow.
answered on Aug 28, 2023
I am not sure of you exact question, but call the local Bar Association if you need legal representation and cannot it. Good luck.
In Texas, my spouse and I have agreed to have as amicable a divorce as possible. I'm just beginning to fill out the paperwork and I'm now curious as to whether I need to declare a property I own in my home country of Turkey which, despite being bought during the marriage, was purchased... View More
answered on Aug 27, 2023
As part of the marital estate, you will want to ensure that your divorce decree confirms it as your separate property to avoid future problems.
inherit the property when she passed away so she made me a beneficiary of her life insurance policy and she told me to pay off the home with what money that was left over and set up a trust that transferred the home in my name when she passes away. My mother passed away after I got married. Will... View More
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answered on Aug 24, 2023
In Texas inherited property is separate property. If the property is in Oklahoma where did your mother pass away because that could change things if the laws in that state are different. The separate nature of the property can also be affected if it was comingled with community property. I could... View More
I bought half an acre while married to an ex and in a relationship with my new girl.
i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More
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answered on Aug 23, 2023
This question is not specific enough for a yes or no answer but I would offer that you could not have been married to the girlfriend while still married to the ex wife. (I would be interested to know if you received the property in your divorce from her?) So even if a court found common law... View More
My wife filed but I still haven't been served for some reason. Just not sure when the the time line
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answered on Aug 21, 2023
In Texas, the 60-day waiting period typically begins on the date when the original divorce petition is filed with the court, regardless of when you are personally served with the divorce papers. Therefore, if your wife filed for divorce on August 2nd, the 60-day waiting period would generally... View More
there is no children in common. any way I can speed the process and no press changes?
answered on Aug 21, 2023
There are very few exceptions to the mandatory 60-day waiting period and your question does not mention any facts likely to support such a waiver.
The most effective way to expedite the process is to make sure a competent experienced attorney prepares an agreed decree of divorce and for... View More
My partner and I are planning to get married at the courthouse before the baby is born in February. No cheating involved; my ex and I have been long-term separated/agreed to divorce so there is absolutely no question of paternity, we only delayed filing til recently because we were figuring out... View More
answered on Aug 9, 2023
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
I am disabled, have many health issues covid related(coma 2021) then fell and broke my hip 2022. Have long covid and stay in pain. Need the other hip replaced. My covid got so bad because my husband did not take me to hospital until was almost dead. I did not even know my name and went into a coma... View More
answered on Jul 30, 2023
Legal Help: The complexity of your situation warrants the help of a legal professional. I highly recommend you to consult a family law attorney as soon as possible. They can help you navigate through the divorce process, if that's the path you choose to take, and ensure your rights and... View More
My ex-husband refuses to pay the child support that we agreed to in divorce (has previously sent some money when he feels like it but it was never through proper child support routes, and he decides when and if he sends the money, and he is around $20,000 behind over the last 6 years)... and he is... View More
answered on Jul 25, 2023
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
I requested "Relevant Documents" with my Initial Disclosures.
While waiting 7 extra weeks for his Initial Disclosures, (He has an attorney) I found one of those related documents. It arrived soon after he filed his petition. I thought it was mine. When I saw it was his, I put it... View More
answered on Jul 18, 2023
You should not have any trouble using the document at the hearing since you disclosed it, even if he didn't. You will have to lay a proper predicate authenticating the document if he objects on that ground.
A Texas judge signed a final decree in 2023, ending the community property portion as of 2019, the date of separation. The decree calculated and divided the servicemember's High 3 and years of service as if the marriage had ended in 2019. Post trial, the judge writes a letter denying that this... View More
answered on Jul 17, 2023
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
Unresponsive attorney. Meets default criteria, but court says I have to withdraw her from the case.
answered on Jul 12, 2023
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
My Mother's hand was forced a long while ago to file marriage papers to help someone get citizenship by marriage. My parents have never been able to be legally married, and they want to do so now. However, I understand that bigamy is illegal in all 50 states. The guy in question hasn't... View More
answered on Jul 12, 2023
Probably your mother's best and cheapest solution is to divorce her husband and marry your father. It sounds like her husband has no incentive to contest the divorce.
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