The delivery of a waiver is not formal service of process. You can use any method of delivery you want to send your spouse a waiver to sign. You must include a file-marked copy of the filed petition for divorce with the waiver.

If your spouse does not sign the waiver, you will have to... View More

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answered on Jul 9, 2025

It depends. If you get the judge to let you serve papers via U.S. Mail, then yes, but you will have to show the Court you have tried other methods of service, and then file a Motion for Alternative Service. And then you will have to follow the Order of the Court precisely.

My... View More

A contested custody case is not a do-it-yourself project. A non-lawyer with some legal knowledge and experience can handle their own family law litigation if it is relatively simple, straightforward, and uncontested.

I often compare the practice of law to automotive service. Many people... View More

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answered on Jul 9, 2025

While you can technically file a Petition to Modify yourself, which would be the first thing done in a suit seeking Sole Managing Conservatorship, based on the facts you stated and the stakes if you get something wrong, you probably should contact an attorney and have them do this type of case for... View More

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answered on Jul 7, 2025

It depends. If your Order states specifically that your child support terminates on the child's birthday or when the child graduates high school, whichever comes second, and both of those things have happened then you don't need to file anything with the Court or the Attorney General.... View More

Your partner may enter the United States on a valid ESTA and marry you during that visit. After the marriage, he can return to Italy and apply for an immigrant visa (green card) through consular processing at the U.S. consulate.

In this scenario, you would file Form I-130 (Petition for... View More

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answered on Jul 2, 2025

Yes you can but there are some complications. You will need to get him served. If you have no idea where he is, the Court may let you serve him through alternative means other than through personal service, but you would at least have to see if you can track him down. A good attorney should have... View More

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answered on Jul 2, 2025

Yes, you can file for divorce in Texas from a Canadian resident husband, as long as you meet the residency requirements. To file in Texas, you must have lived in the state for at least six months and in the county where you intend to file for at least 90 days.

Since you haven't seen... View More

Under the facts described, it seems likely that he will need financial assistance from family and/or friends to retain a lawyer with sufficient experience and skill who practices in the area of family law in or near the county of suit. While he may well qualify financially for legal assistance... View More

It is possible. Every custody case depends on its own facts and circumstances. A history of assault charges, especially if they resulted in a conviction or the entry of a protective order, is certainly something that a court would consider in determining what is in the best interests of the... View More

Under Texas law, if you are listed as a parent on a child’s birth certificate AND have provided financial support, then you are presumed to be the father. Aside from that, any child born during your marriage is also your presumed child. This legal presumption applies regardless of biological... View More

If your ex-husband is failing to make spousal maintenance payments or threatening to stop them, you can file a Motion for Enforcement of Spousal Maintenance in the family court that issued your decree. The court can order him to pay arrears, issue a judgment against him, and, in some cases, hold... View More

You can see if you qualify for pro bono legal assistance at one of the many pro bono legal clinics in the State of Texas. Legally, you also can represent yourself; however, I would not recommend it. Unless you are thoroughly familiar with the legal process and what needs to be done, I do not... View More

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answered on Jun 25, 2025

If you can show the Social Security Administration a copy of the birth certificate as well as school records showing that mother is the person designated on the school records, or a rental agreement showing that the mom and child live together, that should be enough for the social security... View More

I am sorry to hear that you and your sibkings are going through this. Given that your Step-dad has had substantial past contact with you and your siblings, and the concerns that you've expressed about your Mother, there is probably a greater than 50% chance that a Judge "could" grant... View More

Every case turns on its own unique set of facts and circumstances. Normally, it would be unlikely that you will be allowed to live with your stepdad without your mom's consent unless there is an open CPS investigation of abuse or neglect by your mom. Under Texas law, there is a strong... View More

No, he would automatically get custody of either children upon release from prison. A Judge will have to determine what is in the children's (or child's) best interest. The Judge will consider a number of factors when making this determination. A couple of them being 1) what was he... View More

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answered on Jun 20, 2025

If you were never married, and there are no current Orders in place adjudicating him as the father, and establishing conservatorship, rights and duties, possession and access, and child support, then no he does not automatically get out of jail and "get custody" unless you give the kids... View More

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answered on Jun 17, 2025

You should have a proper will or a trust designating how you want your property to be apportioned upon your death. contact an attorney who specializes in estate planning and they will be able to get you set up with the proper documents.

You can do either a Will or a transfer on death deed (TODD). If you use the house as your marital homestead (vs as a rental home, for example), your spouse will have a life estate in the home if you die first.