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FAQ Page2023-01-31T10:20:21+00:00
What are my options if my ex spouse is not making car payments as agreed in the divorce decree?2023-02-04T22:54:35+00:00

You need to have your name removed from the vehicle as soon as possible. Go to court to ask that you be allowed to sell the vehicle in order to remove your name.

How can a resident of Texas establish sole ownership of a property in another state, using their own funds for the down payment and obtaining the loan in their own name, while being married?2023-02-02T19:47:23+00:00

As a Texas divorce attorney, I would advise that in order to establish sole ownership of a property located in another state, it is recommended to obtain a post-nuptial agreement with your spouse before making the purchase. The post-nuptial agreement should clearly state that the property is being purchased with your own funds and that the loan is solely in your name. Additionally, all legal documentation regarding the purchase should reflect this. It is important to consider the laws of both Texas and the state where the property is located when it comes to marital property and ensuring that the property is not considered community property in the event of a divorce. Seeking the advice of a local attorney in the state where the property is located can provide further guidance on establishing sole ownership.

What should someone do if they are divorced in one country but have property and reside in another country?2023-02-02T19:08:56+00:00

As a Texas divorce attorney, I would advise someone in this situation to seek the guidance of a local attorney who is knowledgeable in both the laws of the country where the divorce took place and the laws of the country where they reside and own property, which admittedly may be hard to do.

If an attorney with knowledge of the law in both countries cannot be found, I would advise the person to retain attorneys in both places and let them consult with one another.

It is important to understand the implications and potential conflicts of these laws in order to protect their rights and assets. An attorney can help navigate the legal complexities and provide guidance on the best course of action.

Should I freeze my credit during a divorce?2023-01-31T16:39:58+00:00

It can be a good idea to freeze your credit during a divorce, especially if you are concerned that your ex-spouse may be financially irresponsible or financially abusive. Freezing your credit will prevent unauthorized access to your credit information and help protect you. Contacting each of the three credit bureaus is free and easy to do.

Is Texas a 50-50 state in regards to dividing property in a divorce?2023-01-31T00:16:39+00:00

In Texas, the standard for dividing property in a divorce is based on what is considered “just and right”. This means that the division of property will be determined on a case by case basis, taking into account the specific circumstances of the marriage.

Generally, the division of property is equal between the spouses, but it’s possible for one spouse to receive a greater portion of the community property if the court deems it necessary. There are various factors that are considered when determining if an unequal division is “just and right”, including each spouse’s earning potential, health, debts, education, and more.

What are the essential steps involved in dividing property in a Texas divorce?2023-01-30T23:33:41+00:00

Before dividing property in a Texas divorce, it’s crucial to have a clear understanding of the marital assets and debts. This can be achieved by working with a knowledgeable divorce lawyer who can help identify, categorize, and estimate the value of all assets and debts under the names of either spouse. This way, both spouses will have the information they need to make informed settlement decisions and receive a property settlement that is fair and tailored to their needs.

How Is Property Divided in a Texas Divorce?2023-01-30T23:25:05+00:00

As a Texas divorce attorney, I often encounter the misunderstanding that community property is divided equally between spouses in all Texas divorce cases. This is not the case. The legal standard for dividing community property in Texas is to divide it in a just and right manner, taking into consideration the rights of each party and any children of the marriage. It’s possible for one spouse to receive more than half of the community property in some situations.

It’s also important to note that dividing community property does not necessarily mean an equal or proportional share of every asset. When dividing the community property estate, it may make more sense to award certain assets to one spouse rather than dividing each asset equally. This is especially true if the community property includes complex assets.

How is property defined in a Texas divorce?2023-01-30T23:22:47+00:00

In Texas, property is classified as separate, community, or mixed. Separate property is acquired or created outside of the marriage and belongs solely to one spouse. Community property is acquired or created during the marriage by either spouse and can be divided in a divorce. Mixed property is a combination of both separate and community property, with the portion of community property eligible for division in a divorce.

How can I find my tax returns before filing for divorce if my spouse always handled them?2023-01-29T00:57:28+00:00

The IRS website allows you to download and print your tax return transcripts from prior years. Visit http://www.irs.gov/Individuals/Get-Transcript and enter your personal information and answer privacy questions to access the information.

Can my spouse prevent me from seeing my children or accessing our home before a court order is put in place?2023-01-28T00:19:02+00:00

In the absence of a court order, both parents have equal rights to their children and both spouses have equal access to the home. However, if one parent is preventing the other parent from having access to the children or the home, it may be necessary to seek a court order to establish these rights and responsibilities.

Where should an original suit involving a child be filed in Texas?2023-01-25T00:58:25+00:00

An original child custody suit should be filed in the county where the child resides, unless another court has continuing exclusive jurisdiction. A divorce with kids should be filed in the county that one of the parties has lived in for the 90 days prior to filing the divorce.

What happens if there is a divorce case happening in one court and a case related to the divorce is filed in another court?2023-01-25T00:45:04+00:00

If there is already a divorce case happening somewhere else and another case comes up that is related to the divorce, the court will move that new case to the court where the divorce is happening.

For example, sometimes one person will file a child support court in one court and the other party will file a divorce in another court. If the divorce was filed in the correct jurisdiction then the child support case will be moved to the court where the divorce is.

What happens if a family case is filed in the wrong place?2023-01-25T00:40:57+00:00

If a family case is filed in a court but it should have been filed somewhere else, the other party can ask the court to move the case to the right place.

How does the court determine a child’s residence in Texas?2023-01-24T23:47:19+00:00

The law states that when a court is trying to determine where a child lives, they do not have to make sure that the child has lived in one place the whole time. They will look at where the child has mostly lived in the last six months before a legal case starts.

Why should I have my spouse’s business valued during a divorce even if I am not seeking a share of the business?2023-01-24T03:07:31+00:00

Having the business valued during a divorce can help establish your spouse’s assets and aid in the case for other awards, such as spousal and child support.

Do you have to split lottery winnings during a divorce?2022-12-12T00:30:51+00:00

Lottery winnings acquired during marriage are community property.

While it is generally true that community property in Texas is divided equally between the spouses in a divorce case, it is also important to note that this division does not have to be exactly 50/50. The court has the discretion to divide the property in a way that it deems to be fair and just, taking into account a variety of factors such as the length of the marriage, the contributions of each spouse to the marriage, and the needs of each spouse.

 

Is there a deadline for submitting evidence for a final trial in a divorce case?2022-12-10T14:53:51+00:00

In a Texas divorce case, there is a deadline for submitting evidence that will be used at the final trial. This deadline is called the “discovery cutoff date” and it is typically set by the court at least 60 days before the final trial date. This gives both parties ample time to gather and submit any evidence that they want to be considered by the court during the trial. It is important for parties to meet this deadline, as any evidence that is not submitted by the discovery cutoff date may not be considered by the court. Failure to submit evidence by the deadline could potentially harm a party’s case and result in an unfavorable outcome.

How long do I have to file for contempt on denied visitation2020-10-09T19:55:27+00:00

The court retains jurisdiction for contempt up to 6 months after the kid is adult or up to 6 months after the right to possession terminates.

How long do I have to file for contempt on over due child support2020-10-09T19:49:26+00:00

The court retains jurisdiction for contempt up to 2 years after the child becomes an adult or  2 years after the child support obligation terminates.

What Is A Retainer?2022-07-17T15:56:44+00:00

A retainer is an amount of money paid in advance to secure the services of an attorney. The retainer is held in a trust account on behalf of the client. The attorney’s hourly rate is billed against the retainer amount. What that means is that every time work is performed on a client’s file the hourly rate is deducted from the retainer paid.

You can think of the trust account as a bucket. You can think of the retainer payment as rocks placed in the bucket. Every time work is performed on a client’s case a rock is taken out of the bucket. When the number of rocks gets below a certain amount, the client has to give the attorney more rocks to add.

Here is a numeric example, your retainer is $3,500. That $3,500 is placed in your assigned bucket. The attorney performs 1 hour of work at a rate of $350 per hour (rocks). Your bucket now has $3,150 in it.

Retainers also include a replenishment provision. What that means is that once your original retainer goes below a  pre-determined amount you must pay additional funds to bring your retainer back up to the predetermined amount.

For example, your replenishment provision could be $1,750. That means that when the attorney has worked on your case and the hours billed adds up to an amount that decreases the number of rocks in your bucket below $1,750, you have to add more rocks to bring it back up to $1,750.

Here is a numeric example, Your original retainer is $3,500. The attorney works 6 hours at a rate of $350 per hour. That deducts $2,100 from your bucket. Your bucket now has $1,400 in it. You will receive a bill for $350 to bring your bucket back up to $1,750.

If you have money left in your trust account above the original minimum retainer of $3500 at the end of the case, that amount will be refunded to you.

 

How Long Will My Divorce Take?2020-09-19T23:29:05+00:00

There is a minimum 60 day waiting period in Texas to finalize a divorce. However, how long a divorce takes depends on many factors including the issues involved in the divorce and the court’s availability to schedule hearings for contested issues.

What Are The Grounds For Divorce In Texas?2020-09-19T23:29:38+00:00

There are two types of divorce in Texas: Fault and No-Fault.

Most divorces in Texas are no-fault. It is the least expensive.

There are 5 basic categories of fault divorce in the Texas Family Code. Fault can be important for the purpose of marital property division, parental rights, and spousal maintenance.

The 5 fault categories are:

  • Cruelty
  • Adultery
  • Criminal Felony Conviction
  • Abandonment
  • Confinement in mental hospital for an extended period of time
Who Can Get Divorced In Texas?2020-09-19T23:30:07+00:00

To file a divorce in Texas at least one spouse must have lived in Texas for 6 months and in the county where the divorce will be filed for at least 90 days prior to the filing of the divorce.

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