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I have not yet started divorce proceedings, but I need to deliver a waiver to my estranged spouse who lives in Canada. The only address I have is a PO box. Can I use registered mail for this, and are there any specific requirements for international service in divorce cases?

answered on Jul 10, 2025
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
I am a permanent resident living in Texas, and I need to serve divorce papers to my estranged spouse who resides in Canada. The only address I have for him is a PO Box. Can divorce papers be delivered by registered mail under these circumstances, and are there specific cross-border considerations I... View More

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
I'm seeking advice on filing a motion for sole legal conservatorship in a family law case. I do not currently have legal representation. There is an open police report and CPS report against the father of my child, which I believe supports my case for sole conservatorship. The situation is... View More

answered on Jul 8, 2025
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
I'm seeking advice on filing a motion for sole legal conservatorship in a family law case. I do not currently have legal representation. There is an open police report and CPS report against the father of my child, which I believe supports my case for sole conservatorship. The situation is... View More

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
I'm located in Texas and recently made my last child support payment. My daughter graduated in May and turned 18 on June 29. There is no court order for continuation, no past-due amount, and I haven't received any communication from the child support enforcement agency. Do I need to file... View More

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
My partner lives in Italy and is planning to visit me this winter on an ESTA. We intend to marry during his visit but will ensure that he returns to Italy within the 90-day limit. We plan to start the paperwork for him to legally move to the U.S. permanently afterwards. We're looking into... View More

answered on Jul 7, 2025
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
I am a permanent resident living in Texas and want to file for divorce. My husband, whom I married in 2008, is a Canadian resident, and we separated in 2016. I haven’t seen him since and I'm unsure where he is living in Canada now. We have no children or shared assets or debts, as everything... View More

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
I am a permanent resident living in Texas and want to file for divorce. My husband, whom I married in 2008, is a Canadian resident, and we separated in 2016. I haven’t seen him since and I'm unsure where he is living in Canada now. We have no children or shared assets or debts, as everything... View More

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
My son, who earns $11/hr working part-time for an events company and has a mental health diagnosis, has been served with papers by his ex-wife’s lawyer. The legal actions against him include requests for increased child support, extending support beyond age 18 due to alleged... View More

answered on Jul 1, 2025
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
I am currently in a divorce proceeding filed by my wife, with no existing court orders regarding custody. My wife has a history of assault charges and has recently assaulted me, an incident that has been reported and is under review by the county. My children witnessed her brandishing a knife to my... View More

answered on Jul 1, 2025
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
I am a veteran living in Houston, TX, previously honorably discharged from the army. I'm in a same-sex marriage, currently separated from my wife who is in San Antonio, TX. She had a child with an acquaintance, and I am listed as the other parent on the birth certificate. I've financially... View More

answered on Jun 27, 2025
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
I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

answered on Jun 27, 2025
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
I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

answered on Jun 27, 2025
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
I am helping a mother apply for SSI benefits for her 8-year-old child after the father's death. SSI has requested proof of guardianship. What is the typical cost of obtaining a court decree for guardianship required by SSI?

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 16 years old and my mom and stepdad are about to divorce. Although my stepdad, who has been a father figure for 8 years, hasn't adopted me legally, I want to live with him. My biological father is not involved in my life. My mom, an alcoholic with past CPS cases, drives drunk, has... View More

answered on Jun 20, 2025
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
I am 16 years old and my mom and stepdad are about to divorce. Although my stepdad, who has been a father figure for 8 years, hasn't adopted me legally, I want to live with him. My biological father is not involved in my life. My mom, an alcoholic with past CPS cases, drives drunk, has... View More

answered on Jun 20, 2025
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
I was in a 12+ year relationship and we have two children, aged 12 and 10, but never married. I left the relationship while the father was in jail, and there were no legal custody agreements set in place. Since then, the kids have been living with me in my apartment, and the father has a past of... View More

answered on Jun 20, 2025
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
I was in a 12+ year relationship and we have two children, aged 12 and 10, but never married. I left the relationship while the father was in jail, and there were no legal custody agreements set in place. Since then, the kids have been living with me in my apartment, and the father has a past of... View More

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
I have a fully paid-off house that I owned before remarrying. I want to ensure that if either my spouse or I pass away, the house will go to my children, who are 26 and 21, rather than to my spouse's child, who is 15. Should I do any paperwork to protect the house for my kids?

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.
I have a fully paid-off house that I owned before remarrying. I want to ensure that if either my spouse or I pass away, the house will go to my children, who are 26 and 21, rather than to my spouse's child, who is 15. Should I do any paperwork to protect the house for my kids?

answered on Jun 17, 2025
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.
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