Texas Divorce Legal Questions

Most jurisdictions require a certain time of residency or domicile in order to have the authority to grant your divorce. In Texas, you have to live here for 6 months and be a domiciliary of the country where you file for 90 days in order to file in the county where you live. I don't know what kind of laws they have in Mexico, but most places have some type of requirement that you live there in order for them to have authority to get a divorce there. You may want to consult with an attorney licensed in Mexico to find out their laws on the topic.... Read More

You and your wife are free to make almost any type of agreement that is in the best interest of the children. The most important thing is to assure the children are consistently cared for by both parents. You would have to discuss the specifics of property division and child support to know whether your plan to use the equity would work.... Read More

Your grandfather needs to hire an attorney. If his wife is no longer willing to agree to the terms of the divorce, he needs to proceed with a contested divorce which a licensed attorney can help him do. It sounds like he initiated the case on his own (pro se), but now that she is no longer willing to sign the final decree with their agreed upon terms, he is going to need some help.... Read More

Unfortunately due to the fact that you are still married, the vehicle you own is considered a part of your marital estate and may be considered community property (depending on where you purchased it). Be sure to contact a knowledgeable family lawyer to ask the Court that you be given exclusive use and possession of the vehicle. If you're filing for divorce on your own, you're going to need some help.... Read More

Yes, any property your purchased while legally married (even if separated) is community property and therefore jointly owned by you and your wife. The exception to this rule is if you executed a prenuptial or post marital agreement wherein you decided that what you buy belongs exclusively to you and what she buys is exclusively her separate property. Contact a family lawyer in your area to start the divorce process so there is no confusion about the division of assets in your marriage.... Read More

Please add some information to let us know what you are asking.  If you are married and you file for divorce you could consider adding a claim to the pleading for  emotional distress.  That sort of claim is difficult to prove if you have not sought counseling or medical help as a result of the distress. ... Read More

I only practicei in Texas. No matter where you got married, you can file for divorce in Texas if you meet the residence requirement. You have to live in the state for 6 months and you file in the county you've lived in for 90 days. You would have to ask a lawyer in Trinidad whether you can file there. It's likely that any jurisdiction has a residency and domicile requirement.... Read More

Yes, you can file for divorce if you and your husband still share the same residence, although I would recommend that at least one of you consider relocating. If he is violent, be sure to call the authorities and ask for a protective order, which will keep him out of your home. Whenever you are dealing with a spouse who has a drug or alcohol problem, you're going to face unique challenges.... Read More

The property and the children are two different matters. The divorce decree governs on both issues, but you will notice that the house is in one seciton fo the decree and the children are in a totally different section. If you got the house in the decree, the house is yours. A later agreement about the house is not enforceable. He would need to file some type of modification to change the propery division concerning the house. As to your possession and access to the children, that should be enforced through a suit to enforce access and possession. It's a totally separate issue than the house. If your ex-husband has engaged in parental alienation, that should be addressed with the Court as well.... Read More

If you live in Texas, you can file for divorce where you live and attempt to have your husband served at the correctional facility where he lives. If this doesn't work, you will need to ask the Court for permission to serve him by alternative means (by posting notice at the courthouse or in the newspaper). You would do well to hire an attorney to help you because your husband is incarcerated and may be difficult to obtain personal service on. You're welcome to contact my office for a phone consultation to discuss your case.... Read More

Yes, you will need to have your husband served with the divorce petition. If you do not know where he lives, you may want to hire a private investigator to assist you in finding an address for him. Otherwise, you will probably need an attorney to get your divorce approved by a court because they will not do it you cannot get him served with process.... Read More

You can make such a request, but it depends on the court whether it will be granted. The standard request is a morality clause that says no overnight paramours when the children are there. That clause can be effective beyond the divorce. You can use his affair to ask for a disproportionate share of property division. ... Read More

You can ask for the house to be awarded to you. The question will be whether you have to pay him for his interest in the house. You could make a good argument for not paying him, but he may have an equally good counter-argument. If the two of you don't come to an agreement, the judge will decide. Do you have children with him?... Read More