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Texas Divorce Legal Questions

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279 legal questions have been posted about divorce by real users in Texas. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
Texas Divorce Questions & Legal Answers - Page 9
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Recent Legal Answers

How long do you have to be married to someone to obtain their house that’s only in their name?

Answered 11 years and 7 months ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If the house is in the boyfriend's name and he had it before the marriage, it is considered separate property. She may be able to kick him out for a short period of time, but in the end the house will return back to the owner. Upon divorce she may have a claim for reimbursement, but that is not likely to happen if she is only married to the guy a short period of time. She will not be able to marry him, kick him out and then keep his house.... Read More
If the house is in the boyfriend's name and he had it before the marriage, it is considered separate property. She may be able to kick him out for a... Read More

What are my rights to home ownership after divorce?

Answered 11 years and 7 months ago by Ms. Kimberly Demetrice French (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your rights to your home will be described as "real property" in your divorce decree. The personal effects of the parties refers to your belongings, such as clothes, jewelry, and other personal items. It may be beneficial for you to schedule a consultation with a local attorney to have him or her explain your rights to your home in the divorce decree.... Read More
Your rights to your home will be described as "real property" in your divorce decree. The personal effects of the parties refers to your belongings,... Read More

Will separate 401k increase community property?

Answered 11 years and 8 months ago by Ms. Kimberly Demetrice French (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Unless you and your spouse executed a premarital agreement stating otherwise, all income earned during the marriage is presumed to be community property in Texas unless you have evidence suggesting that it was a gift, inheritance, or otherwise your separate property. So, yes the funds in your 401k would likely be considered community property subject to division in a divorce.... Read More
Unless you and your spouse executed a premarital agreement stating otherwise, all income earned during the marriage is presumed to be community... Read More

How do I file a civil union divorce for gay couple who are living in different states?

Answered 11 years and 8 months ago by John Arthur Smitten (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
Use of a lawyer is recommended.
Use of a lawyer is recommended.

If I own 1% of a company from 2008, can I get money from it or sell my 1%?

Answered 11 years and 9 months ago by Reshard Juquin Alexander (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
This question was already answered. You need to review your divorce decree. If you still have further questions then you should consult a local family lawyer who can review in detail what you should have received under Texas divorce law.
This question was already answered. You need to review your divorce decree. If you still have further questions then you should consult a local... Read More

What can I do if I got divorced in 2008 and only got 1% of the company we started?

Answered 11 years and 9 months ago by Reshard Juquin Alexander (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
This is a highly complicated issue. You need to consult with a local family lawyer to review your divorce decree and ensure that you received the proper amount of the community property estate.
This is a highly complicated issue. You need to consult with a local family lawyer to review your divorce decree and ensure that you received the... Read More

Can she take the kids without my permission if my wife and I are currently separated?

Answered 11 years and 9 months ago by Reshard Juquin Alexander (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
This is a complicated issue and more information must be known before you can receive a definitive answer. How long have you lived in Texas? Are you divorced? Where is the divorce decree? United States? Australia? Is there a custody order in place? You need to quickly consult a local family lawyer if she is planning to leave the local city where you live with the kids.... Read More
This is a complicated issue and more information must be known before you can receive a definitive answer. How long have you lived in Texas? Are you... Read More

Do I have to leave the house after my husband has filed?

Answered 11 years and 9 months ago by Reshard Juquin Alexander (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You do not have to leave your house after the initial divorce petition has been filed. However, there should be a temporary orders hearing within a few days of the filing that determines these types of issues. Because Texas is a community property state you are entitled to half of everything that has been earned by either party outside of a gift, inheritance, or a personal injury settlement. I would advise you to contact a local family lawyer very quickly to properly protect your interests in this case.... Read More
You do not have to leave your house after the initial divorce petition has been filed. However, there should be a temporary orders hearing within a... Read More

Am I eligible to receive any of my husband’s teachers retirement?

Answered 11 years and 9 months ago by Ms. Kimberly Demetrice French (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
A portion of your husband's retirement is likely community property. The community property acquired during your 7 years of marriage belongs 50% to you and 50% to him. So, yes you are entitled to some percentage of his teacher's retirement. As far as who pays for the cost of the divorce, it is possible that your husband can be ordered to pay your attorney's fees, although most attorneys require an initial retainer to take you on as a client.... Read More
A portion of your husband's retirement is likely community property. The community property acquired during your 7 years of marriage belongs 50% to... Read More

Can I revise the divorce to where he only gets to claim my child when he is up to date on support?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
It doesn't matter what you agree to. It matters what the court order says. If he is behind in child support, then you don't have to sign the waiver because the IRS rules are clear - a parent has to be current at the end of the year to be able to take the exemption.
It doesn't matter what you agree to. It matters what the court order says. If he is behind in child support, then you don't have to sign the waiver... Read More

Would I receive spousal support payments based on my history of a stay at home mom and the length of our marriage?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
From what you describe it is quite likely there might be some spousal support in this case.
From what you describe it is quite likely there might be some spousal support in this case.

Would I receive spousal support payments based on my history of a stay at home mom and the length of our marriage?

Answered 11 years and 11 months ago by Dennis Joel Leffert (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
It does sound as though you would be entitled to spousal support. There are several factors that go into the calculation, but from the facts you have stated, I would think that you will qualify for some level of support. Have you thought about Mediation? If you and your spouse can agree to mediate, Mediation is Fast, Effective and Affordable. Check it out.... Read More
It does sound as though you would be entitled to spousal support. There are several factors that go into the calculation, but from the facts you... Read More

If I was recently divorced and I need to refinance my home but my ex's name is also on the home, can I still refinance the home?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Divorce
Probably not without your ex's signature on the document or, better yet, have your ex quitclaim his or her interest in the home to you. Then record that deed.
Probably not without your ex's signature on the document or, better yet, have your ex quitclaim his or her interest in the home to you. Then record... Read More

If I was recently divorced and I need to refinance my home but my ex's name is also on the home, can I still refinance the home?

Answered 12 years ago by Mr. Robert E McCall (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Divorce
It depends on the language of the final judgment. Have your attorney review the document. If no attorney ask the bank personnel who is handling the refinance for opinion.
It depends on the language of the final judgment. Have your attorney review the document. If no attorney ask the bank personnel who is handling the... Read More

How do I go about filing for divorce if wife is out of the country?

Answered 12 years ago by James Morgan Chandler (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
There are procedures contact your local family law facilitator for help.
There are procedures contact your local family law facilitator for help.

Will my wife get 1/2 of the house I purchased before we got married if I get divorce?

Answered 12 years ago by Mr. Willie Stephen Graves (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Unless you paid cash for the house and haven't made any payments, improvements, etc. since you got married, at least part of the house has been paid for with community funds, so at least part of its value is community property. She may not get half, but the judge will have the legal authority to give her something if there's any equity there. You need a lawyer to help you sort it out. Good luck.... Read More
Unless you paid cash for the house and haven't made any payments, improvements, etc. since you got married, at least part of the house has been paid... Read More

How can I get my ex to follow court order and pay me?

Answered 12 years ago by Barbara Peyton (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Divorce
If he is self employed you have a problem because the only asset you can levy on is any known bank account. If he is employed, get the court to give you an order to levy on his wages. Bankruptcy does not relieve him of his obligation to pay support.
If he is self employed you have a problem because the only asset you can levy on is any known bank account. If he is employed, get the court to give... Read More

What do I need to do to get him out?

Answered 12 years ago by John F. Brennan (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
Are you still married? Who got the house in the divorce? What does the judgment say? Are there ordered in place? Yes, most probably you will have to go to court, yes it will take and attorney and it will cost money.
Are you still married? Who got the house in the divorce? What does the judgment say? Are there ordered in place? Yes, most probably you will have to... Read More

What do I need to do to get him out?

Answered 12 years ago by Douglas Lee Bryan (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
Sounds like you would need to file to have him evicted, since he has no ownership interest in the house.
Sounds like you would need to file to have him evicted, since he has no ownership interest in the house.

What do I need to do to get him out?

Answered 12 years ago by Helene Ellenbogen (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
You need to deal with this the only possible way. File a divorce or legal separation. The make a motion for temporary orders asking the court to require him to make the mortgage payments for the period he lived there and leave by a date certain. He has 3 years of equitable interest in the house since you were married and presumably paid the mortgage during that time with funds earned during the marriage which are, by definition, community property. Get a lawyer. Your private arrangements obviously and predictably didn't work. You need to deal with this in an adult fashion, with legal authority.... Read More
You need to deal with this the only possible way. File a divorce or legal separation. The make a motion for temporary orders asking the court to... Read More

1. How do I file for divorce if the spouse lives out of the country and never been to the US?

Answered 12 years ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
File in Texas if you have lived here six months and in that county for 90 days. The Texas court has jurisdiction to grant the divorce and divide the property in Texas.
File in Texas if you have lived here six months and in that county for 90 days. The Texas court has jurisdiction to grant the divorce and divide the... Read More

Can I have my wife pay for her rent and bills share from the moment she filed for divorce?

Answered 12 years ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes you may and the court might grant the relief you request. You and her have a duty to support each other, until you are divorced.
Yes you may and the court might grant the relief you request. You and her have a duty to support each other, until you are divorced.

What spousal supports should I get during and after divorce?

Answered 12 years ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Spousal support before the divorce is mainly based upon need. A lot of other factors apply to post divorce maintenance. Confer with a local attorney.
Spousal support before the divorce is mainly based upon need. A lot of other factors apply to post divorce maintenance. Confer with a local attorney.

If I get a legal separation, do I have to leave my home?

Answered 12 years ago by Mr. Robert E McCall (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
That is a negotiable point between the parties.
That is a negotiable point between the parties.

I'm in odessa tx and I want a divorce plus I want custody of my kids

Answered 12 years and a month ago by Martha Feigenbaum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You need to sit down with an attorney and discuss your situation in detail. You can get custody but certain things need to be proved. Such as it is in the best interest of the child since you have acted as his father for years.
You need to sit down with an attorney and discuss your situation in detail. You can get custody but certain things need to be proved. Such as it is... Read More
Divorce
Texas

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