Yes, you can stay in your marital residence even though he has moved out.

Yes, he can legally turn of utilities that are in his name before a divorce is filed.

Because you are also an owner of the home, you can turn the utilities back on in your name.

If you file for... View More

It depends on what the language in the Decree says. There is no legal prohibition on him choosing to add those days to the end of his Father's Day weekend. So, if the Decree does not prohibit it and gives him the right to add three days, then I think he most likely could do so.

If the loan is solely in your ex-husband's name and the divorce court did not order to pay the loan and to hold your husband harmless from any failure to pay the loan, then your ex-husband remains liable on the loan. In addition, the vehicle remains collateral for the repayment of the loan.... View More

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answered on Apr 1, 2025

I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.

Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax... View More

Legally, only one parent can claim a child as a dependent on that parent's individual federal income tax return. The IRS has Publication 504 which discussed this issue in depth: https://www.irs.gov/forms-pubs/about-publication-504

On a more practical note, I am familiar with... View More

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answered on Mar 31, 2025

In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More

It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.... View More

Yes, it is perfectly legal for your child's grandparent to email your child's teachers without including you on the emails.

It may, however, be illegal for your child's teachers to communicate certain types of personal and protected information about your child's... View More

If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.

Otherwise, if the home was purchased by him before you were married, it is his separate property.... View More

The correct legal procedure is to file an original petition seeking a declaratory judgment that you were never married.

The joint tax return, however, presents a problem for you. Single taxpayers may not file a "joint" return even if they are living together. The filing of a... View More

You need to challenge the court order entered without notice to you. The best method for such a challenge depends upon the procedural facts of your case. You need to consult an attorney experienced in both family law and appellate law as soon as possible because all of your available remedies... View More

If you do not wish to divorce, you can enter into a partition and exchange agreement with your husband agreeing that he will pay to you as your sole and separate property a portion of his pension benefits upon receiving them and imposing a constructive trust on those benefits he receives to the... View More

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answered on Mar 20, 2025

Under Texas law, community property rules apply to pensions earned during the marriage. Since you are still legally married, you may have a claim to a portion of your husband's pension accrued during the marriage. To pursue this, you will need to file for divorce and seek a division of marital... View More

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answered on Mar 13, 2025

I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent... View More

If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in yourold name as it appears on the deed to yourself in your... View More

If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in your to yourself in your new name before a notary public.... View More

When an attorney withdraws, "ineffective communication" is often used as the reason instead of the "real reason" particularly when the "real reason" may be prejudicial to the client. Generally, attorneys should avoid prejudicing their client when they withdraw from a... View More

A dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction. As the petitioner, you had had the burden of proof with respect to each fact necessary to establish your standing. Among other things, you needed to establish your biological relationship to the child, who... View More

You need to locate an attorney who practices in the area of legal malpractice in or near the county where the lawsuit was pending. Ideally, such an attorney should also have experience in family law given the nature of the underlying litigation.

You need to gather together a complete... View More

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answered on Mar 10, 2025

In Texas, you can file a Petition to Adjudicate Parentage before the child is born, but the court will not order a paternity test until after birth. Texas law does not allow courts to compel prenatal genetic testing.

Filing the petition early can help establish your legal interest in the... View More