Texas Divorce Legal Questions

If no answer was filed by you in the divorce (which it probably was not, as you claim it was uncontested), your case will be dismissed by the courts in about a year's time for want of prosecution. At that point, your case would be dismissed and closed, so if you decided to pursue divorce again, you would have to start the case from the beginning.... Read Answer

Probably. You don't say how long you've been married, but Texas is a community property state, so any income you've earned during the marriage (including retirement and pension accounts) are subject to division. I strongly recommend that you contact a divorce attorney to make sure your rights are protected.... Read Answer

In Wisconsin there is no statutory percentageeither minimum or maximumfor maintenance. (There are statutory standards for child support.) Instead maintenance is on a case by case basis. The goals, the courts have said, can be to try to maintain both spouses at the standard of living they enjoyed before the divorce (which is almost impossible unless both spouses are physicians), or else to 'rehabilitate' the lower-earning spouse by supporting her or him while s/he gains the skills or training necessary to return to the job market with adequate skills. Good Luck. p.s. Retain a skilled family law attorney. It's almost always worth the expense.... Read Answer

Your county of residence is the proper place to file for divorce. If you've lived in your current county for at least ninety days and the state of Texas for 6 months, you've met the jurisdictional requirements to file for divorce where you currently live. For more information, be sure to contact a local attorney for a divorce consultation.... Read Answer

An engagement ring is known as a conditional gift, meaning it is given with the expectation that you and your fiance will get married. Once you are married, the ring becomes a completed gift and belongs to you. However, because the wedding has been called off, you are no longer entitled to the engagement ring and must give it back.... Read Answer

There are more details needed here; however, in Texas if he never revoked his last will & testament in writing by writing another will after their divorce, the will he wrote while married to your friend is still valid. Please advise your friend to consult with a local attorney who is familiar with estate planning.... Read Answer

Unfortunately, due to the issues surrounding your case (having children, one of whom has been abused by your ex husband), it will be very difficult for you to pursue this case on your own. You want to ensure that you receive as many protections as you can for your children as well as whatever you are entitled to financially (child support, your share of community property, etc.). As such, I recommend contacting several local attorneys and asking them if they offer payment plans or alternative billing arrangements to handle cases like yours. If you don't find any attorneys willing to take your case at a reduced fee or willing to make payment arrangements, my next suggestion is to ask for help from close family and friends. You need a qualified attorney's representation for the best possible outcome. Good luck.... Read Answer

If you can't afford to hire an attorney, you should consider filing for divorce on your own. The filing fee is about $300.00 and you can find most of the forms you will probably need online from www.texaslawhelp.org. There are also attorneys who may be willing to prepare your paperwork for you for a fee, if you're not comfortable preparing the documents on your own. Filing for divorce on your own can be time consuming and stressful, so if you can afford to get an attorney's help (even if you just get a consultation or two for some advice along the way), it will make a big difference.... Read Answer

If you are separated from your husband while an adjustment case is pending, and reconciliation is not something you both foresee, it would be advisable to withdraw the application in lieu of facing a denial. Your employment authorization is linked to your pending adjustment of status application, therefore, you will be unauthorized to work when application is withdrawn. It would be good to invest in formal consultation with an immigration lawyer.... Read Answer

Since alimony is contractual in nature, you and your ex-husband should consider having a contract prepared that outlines what his obligations are to you and how long the agreement will last as well as under what circumstances the agreement would be terminated. With a contract in place, you will have rights against your husband if he should default or if any confusion about the agreement arises. Contact a local attorney for a consultation as soon as you can.... Read Answer

Immigration sponsorship is a fairly complicated process, so I will give you some general advice, but I must preface it with a strong suggestion that you seek a consultation with an immigration attorney as soon as possible. It is unclear where you are in the sponsorship process;however, if you have already filed the Form I-864, you're legally responsible to support your wife in the eyes of the U.S. government, and the dissolution of your marriage does not extinguish this responsibility.... Read Answer

You should include it. The geographic restriction is meant to keep the father and the children in contact, but if he moves out he does not get that benefit. The paragraph that you speak of is there for a reason. I would advice that you consult a local divorce attorney if you have any doubts. Good luck.... Read Answer

The house that your wife purchased is her separate property; however, any payments you made toward the mortgage or to the improve the home are subject to a reimbursement claim back to you because you contributed to her separate property by making payments. The 401(k) from her job may be separate or community property depending on when she started her employment. Any contributions to the 401(k) plan prior to your marriage are separate property. Contributions after the marriage are community property, whether she made the contributions or you did. In any case, any income from any source (including retirement account contributions) are community property as of the date of your marriage. I highly recommend scheduling a consultation with a local family law attorney to discuss your rights and options in your case.... Read Answer

Ideally, your share of interest in the construction company would have been paid to you before the divorce is final in a settlement for what the company's worth was at the time of the divorce. At this point, you may be able to file a suit to enforce to receive 1% of the sale of the company, but you only have 2 years from the date of your divorce to bring this kind of lawsuit. I highly recommend investing in a consultation with a local attorney to find out your options in this case.... Read Answer