Texas Divorce Legal Questions

If you are still involved with your spouse, some judges will not grant a divorce because there seems to be a reasonable expectation that you will reconcile. (You may have already reconciled if you're having sex with him.) However, the best way to protect yourself is to obtain an attorney, especially since your husband has legal counsel. If you do not have a lawyer and your husband (and his lawyer) try to get you to agree to something, you will not have the benefit of someone looking out for your best interest. ... Read More

You will have to search the district court records to find out if your case was filed. If an order was signed dissolving your marriage, it will be in the court records which are kept by the district clerk. You should contact the district clerk in the county where you lived at the time you signed the papers to find out if anything was filed.... Read More

There are forms that must be filled out to withdraw money from the account. You would likely not be able to access his account without his permission. Proof of his signature as well as other documents from the fund manager would likely suffice to show that he gave authorization. Also, the more important issue would probably be to trace what happened after the money was withdrawn. For example, if the money was used to take care of the household, it may not matter to the court. But if the money was used for one spouses benefit, the court may use that to equalize things in the property division. If you both have attorneys they will certainly make arguments concerning the withdrawal of the funds.... Read More

Short answer:  Probably, yes.   Whatever retirement was earned by either party during the marriage is subject to division by the judge at divorce.   This means that the retirement you earned prior to the marriage is your separate property and the retirement earned during the marriage is community property.  Also, any retirement your spouse earned during the marriage is also subject to division as community property.  Generally speaking, if you were married for 10 years while you were on active duty, she would be awarded 25% of your disposable retired pay.   If you have waived part of your retired pay (for example to receive VA disability pay), she would not be entitled to a share of the VA disability.  Fault in the breakup of the marriage is one basis by which the court can award a disproportionate share of the community property to the wronged party.... Read More

You should certainly appear for the January 5 hearing. It will be virtual so you should be able to log in from wherever you are. If you plan to get an attorney, ask the judge to grant a continuance to give you time to hire an attorney. If you do not plan to get an attorney, you may find help in representing yourself at www.texaslawhelp.org. ... Read More

You must e-file the counterpetition through the e-filing system. Your spouse will receive it through that system. Contact the clerk for the court where the original petition was filed to get more information about how to file the counterpetition. Some courts will allow you to file in person, but most require e-filing.... Read More

If the home was purchased during the marriage, it is community property and subject to being divided in the divorce. The division can happen in a number of ways. The home could be sold and the proceeds of the sale split between you and your wife, or one of you could buy the other person out and refinance the home, taking the other person off the loan. If you purchased the home before the marriage, it is your separate property and not subject to division in a divorce.... Read More

It sounds as if the proper real estate documents were not filed in conjunction with your Final Decree. If not, then your ex husband would still be on all of the documents in the real property records. In addition, if the home was not refinanced after divorce, then your ex husband would still be financially responsible on the underlying note (mortgage).  I handle both family law and real estate law. I see these types of issues often as family law attorneys rarely consult a real estate attorney before closing out a divorce. ... Read More

Many divorce attorneys are not familar with real estate law. I practice both. I often have clients that have issues with real property that was not properly dealt with during the divorce. If your divorce attorney did not draft the proper real estate documents or make your divorce decree a muniment of title, then you will need to seek out a real estate attorney.... Read More

Getting married does not make all of your assets community property. Community property is what is earned during the marriage. However, there are more things to be concerned about when you marry someone who is not an American. I would caution you to be careful. I have represented multiple people who have spouses from overseas and have been caught up in a marriage scam.  It starts with demands for money, access to all money, then constant fighting, attempts to provoke you to physical violence, and it gets worse from there. If any of this sounds familar, then you need to seek an attorney immediately. The way the rest of this plays out .....you go to jail while your new spouse cleans you out and gets a fast track to a green card. If you cannot afford an attorney and any of this sounds familiar, I encourage you to do some internet research on this issue as soon as possible. ... Read More

My advice to you is to seek a consultation with an attorney as soon as possible. Even you you decide not to hire an attorney, you need to understand your rights. From statements and the questions you are asking, it is obvious you do not understand some basics about this process that even a 30 minute consultation with an attorney would provide. Proceeding without this advice could be far more costly than paying for the consultation.  Most attorneys offer an initial consultation at a discount and some (although you often get what you pay for) offer a consult for free. ... Read More

Texas is not a alimony state.  Texas has spousel maintainece under certain situations; ie been married for more than 10 years; spouse suffering from a disabiliy; married for more than 10 years and spouse lacks the ability to be self sufficient.   In Texas, when a divorce is filed the spouse does not have to leave the marital home.  You might be able to obtain a "kick out" order under certain circumstances.... Read More

In Texas, any property acquired during the marriage is deemed community property.  During a divorce, a court applies a "just and right" division of the property.  This doesnt mean 50/50, the court can split the community property 60/40, 70/30. The court applies factors in making this "just and right" division.  If your wife filed for divorce, then sold the house while the divorce is pending, you can claim that she commited "fraud on the estate" and seek to be reinbursed for your community share of the family home. ... Read More

The proper way to contest personal jurisdiction in the divorce suit is for you to file what is called a Special Appearance.   In it you can claim that you do not have sufficient contacts with Texas for the State to exercise jurisdiction over you.  There are exceptions.   For example, if you were a resident of Texas when you were married and then moved out of state in conjunction with your husband's orders, then Texas considers you to remain a Texas resident for divorce purposes.   One other point:  Your husband's claim that you will get nothing in Texas is simply wrong.   Among other things, you will be entitled to a pro-rata portion of his military retirement (assuming that he makes it to 20 years).  In addition, Texas values assets like retirement as of the date of divorce whereas California values them as of the date of separation.   Therefore, you would be entitled to slightly more retired pay if you divorce in Texas.... Read More

You may certainly file for divorce.  Once you file, there is a 60 day waiting period before you may finalize the divorce.  You may either hire an attorney to represent you in the case or you may try to do it yourself using forms that you find online or elsewhere. Grounds for divorce may be "insupportability" which means that you are not able to get along in a marriage. There are very restrictive and limited grounds for annulment, but perhaps you meet them.  1. Under age 18. 2. Under the influence at marriage ceremony. 3.  Impotency of spouse. 4.  Fraud, duress or force. 5.  Mental incapacity. 6.  Concealed divorce. 7. Marriage less than 72 hours after license issued. For each of these, once you discovered the problem you must no longer cohabit with the spouse. Divorce divides any property accumulated during the marriage or confirms that each spouse's property in his or her possession is her separate property.  Annulment only treats the marriage as never existing and no property is divided or confirmed.... Read More

If you want a divorce, a divorce for someone informally married is the same as for one who is formally married.  Some people start by calling attorneys and consulting with a few attorneys to find out what the rights and options are.  If there are children, those children and provisions about their support, possession schedule, health and dental insurance as well as the rights and duties of each parent must be included in your final decree of divorce.  There are online resources if you intend to do it yourself.  One is Texaslawhelp.org, which has forms and instructions for do it yourselfers.  If you find you are unable to complete the forms, you should try to consult with an attorney who may review your decree and charge a modest fee for that.  If you and your spouse are unable to agree on the terms, then you will likely want to involve an attorney to represent you (only one of you) and to set a hearing to argue for your side of the disputed issues. ... Read More

Start by asking him if he filed for and completed a divorce.  It is possible to do that without you knowing about it if he alleged he could not find you to serve you or told a lie or two to the court.  If he tells you he obtained a divorce, then ask where.  You could also go to the county in which the two of you last lived together and any other county in which he lived after he lived with you to see if there is a record of your divorce in the clerk's office for whatever court handles divorces in that county.  In Tarrant County, it is the District Clerk for the family law courts, for example.  They should be able to look up your divorce by name.  If they have it, then ask for a copy. If you come up empty then you may need to take care of getting divorced yourself.  Your husband is still married to you until he gets a divorce from you.  Once he gets the divorce, his subsequent marriage is considered valid.... Read More

Unfortunately, there is not a simple answer to your question. Each county is under its own set of rules during COVID-19.  Many counties are waiving the requirement for a prove-up appearance for agreed divorces. However, you still cannot get divorced in Texas until after the "cooling off" period. In Texas, this is 60 days from the date of filing for divorce. An attorney can file and draft your agreed paperwork.  Should your county still be under quarantine after the "cooling off" period, then they can also draft the paperwork necessary to meet the prove-up requirement by submission. ... Read More