Filing for divorce in Texas involves several key steps, each requiring careful attention to legal procedures and deadlines. The process begins when one spouse, known as the petitioner, files an Original Petition for Divorce with the district court in the county where either spouse has lived for at... View More

You can pursue a bill of review if you can prove that your failure to appear or answer was the result of extrinsic fraud or official mistake without any negligence on your part and the time to pursue other remedies (like a motion to set aside the default judgment) elapsed before you first acquired... View More

Since you have been married for more than ten years, you may qualify for support IF you can prove that you lack the financial means to provide for your minimal, reasonable basic needs.

If you request spousal support, the court will consider various factors, including your financial... View More

The D-I-L can make whatever demand she wants, but the son is under no legal obligation to comply unless and until there is a court order. The D-I-L can file for divorce if she wants and can ask the court for an order prohibiting the son from having contact with the paramour during his parenting... View More

If she is unwilling to sell the property, you can force the sale through a partition lawsuit. In a partition lawsuit, the court will order the property be sold unless it can be physically divided between the parties. Each party may receive an offset of the amount they are owed depending on which... View More

When you file for divorce, you should request temporary spousal support as part of your temporary orders. In order to increase your chances of receiving spousal support, you should continue to diligently pursue employment and keep track of such attempts. You should secure certified copies of your... View More

Once a divorce petition is filed, the court may award temporary spousal support during the pendency of the case. There are many factors that the court could consider including the spouses’ education, work experience, any physical or mental limitations, access to assets, monthly... View More

There is no legal prohibition regarding the length of a party's name on a pleading. It is best practice to ensure that the parties' names are 100% correct on all court papers filed in a matter. Sometimes, it may not be harmful, for example on an agreed motion to dismiss a civil lawsuit... View More

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answered on Feb 16, 2025

You may request relief from the court by filing a motion outlining your child’s father’s behavior and asking that all communication between you be conducted through a court-monitored app, such as AppClose or Our Family Wizard. These platforms ensure that all messages are recorded and accessible... View More

I am sorry you are dealing with this issue with your children's school, but happy that your possession periods with your children are now unsupervised.

You should start with a copy of the following documents: 1) your current court order and 2) your Certificate of Completion of your... View More

Your question is unclear and incomplete. There is no such thing as a motion to toll the statute of limitations. There are certain legal doctrines that may apply to avoid a statute of limitations defense or which postpone when the statute begins, but facts which may give rise to such are not... View More

The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence:

(1) that the parent has:

(A) voluntarily left the child alone or in the possession of another not the parent and expressed an intent not to return;

(B)... View More

If your son is not mentally competent to make medical decisions for himself, you will need to apply to be appointed as his legal guardian. This is not a matter of completing a simple form. Attorneys handling guardianship cases are required to have a special certification in addition to being a... View More

Not necessarily. DFPS may decide to pursue a suit for termination of your parental rights if it believes there are sufficient grounds to do so, even if a person who made false accusations later recants. The investigator may very well have discovered other facts apart from what the original person... View More

You should use the "Find a Lawyer" feature to search for an attorney with experience in both family law and appellate law. The State is divided into 14 court of appeals districts so each district contains several counties. It is not uncommon for attorneys in certain parts of the State... View More

To find a pro bono lawyer, contact a legal aid clinic near you. For example: https://legalaidtx.org/

Most legal aid clinics have experience handling that particular type of case. Most lawyers prefer to offer pro bono services through legal aid clinics because the clinic staff has... View More

If you have a court order, you must obey the court order unless and until it is modified.

Sometimes, a court will order that particular persons cannot be present during a parent’s time of possession if it thinks that other person poses a danger to the child. Sometimes—but not... View More

To prove a common law marriage, you need evidence of each of the following:

1. An agreement between the parties to be presently married (i.e. not to get married in the future);

2. Living together as husband and wife after that agreement;

3. Publicly holding each other out... View More

Offer evidence of the three elements required for a common law marriage to exist:

1). An agreement to be presently married,

2). Living together in Texas after that agreement was made as husband and wife (which it sounds like you have), and

3). Both spouses publicly holding... View More

If the lawsuit will be against someone for monetary damages, the lawsuit falls into the area of practice known as personal injury law.

If the lawsuit will be to terminate or modify the parent-child relationship, it falls with the area of practice known as family law.

These types... View More