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Nathan Templeton Anderson

Nathan Anderson’s Answers

46 total


  • How to I get visitation for my 3 oldest children enforced if the managing conservators are not letting me have contact w/ them?

    There is a final court order allowing me vistations as well as access to my childrens school, medical, educational, psycological, etc records and I have been denied visitation and communication with my kids, as well as having been denied by both s...

    Nathan’s Answer

    Your best bet is to file an enforcement action with the court to regain possession and access.

    Feel free to contact my office for a free 30 minute consultation if you'd like to discuss this further.

    www.oneilanderson.com

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  • Do both parties need to sign the divorce paper for the divorce to be final?

    I am just wondering since my ex-husband did not sign the divorce papers on the court date. Am I still legally married to him?

    Nathan’s Answer

    Teri is correct, the critical signature is that of the judge. If the judge signed off on the decree then it is safe to assume your divorce has been granted.

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  • I got served divorce papers last year of febuary, 2009. Can I still sign them and get them to my spouse?

    Divorce been separated for nine years.

    Nathan’s Answer

    Your case may have been dismissed for failing to take action on it for such a long period. You can check with the court clerk to see if your case has been dismissed, and if it has not, then you can still proceed with signing the proposed decree and finalizing your divorce.

    Please feel free to contact my office for a consultation if you'd like to discuss this matter further.

    www.oneilanderson.com

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  • How long do you have to get an annulment?

    my friend has been married for 4 months and now wants an annulment/divorce. how long does she have to get an annulment before she has to end up going with a divorce?

    Nathan’s Answer

    The Texas Family Code sets forth four general grounds upon which an annulment can be granted. They are:

    1. If a party to the marriage was at least 16 but under 18 at the time of marriage and that party did not have parental consent or court-ordered permission to marry;

    2. If at the time of marriage they party seeking annulment was under the influence of drugs and/or alcohol, as a result lacked the capacity to consent to the marriage, and has not voluntarily lived with the other party since the effects of the intoxication ended.

    3. If either party was permanently impotent at the time of marriage and the party seeking annulment did not know of the impotency at the time of marriage.

    4. If you were subjected to fraud, duress or force to get you to enter into the marriage and you haven't lived with her voluntarily since learning of the fraud, duress or force.

    Unless you fall into one of these four categories, it is unlikely that you can seek an annulment of your marriage in a Texas court. Good luck, and I hope this helps.

    www.oneilanderson.com

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  • Have an attorney but not getting results

    I paid my attorney and I am waiting on her to serve my husband the divorce papers. but i have not heard back from her and I know she has not served him with the papers. I was told that each time i call her I will be charged or each time i go see h...

    Nathan’s Answer

    Lawyers make their living by billing their time for services rendered. If you aren't happy with the level of service you are receiving from your current lawyer, then you should shop around and find another attorney you will be happier with.

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  • I was laid off last February 2009, child support fell behind, just became re-employed, now going to court for being in contempt

    I was laid off last February 2009, child support fell behind, just became re-employed, now going to court for being in contempt of original order. Will the court allow me to setup a payment plan now that I am working? Have a great payment history...

    Nathan’s Answer

    Typically the court will work with you as long as you can show that you were actively looking for employment. Free free to schedule a free 30 minute consultation with my office if you'd like to discuss this further.

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  • Divorce Question

    I got married on the 29th of Jan 2010. I now feel that it was a mistake. Can I get my Annulment?

    Nathan’s Answer

    The Texas Family Code sets forth four general grounds upon which an annulment can be granted. They are:

    1. If a party to the marriage was at least 16 but under 18 at the time of marriage and that party did not have parental consent or court-ordered permission to marry;

    2. If at the time of marriage they party seeking annulment was under the influence of drugs and/or alcohol, as a result lacked the capacity to consent to the marriage, and has not voluntarily lived with the other party since the effects of the intoxication ended.

    3. If either party was permanently impotent at the time of marriage and the party seeking annulment did not know of the impotency at the time of marriage.

    4. If you were subjected to fraud, duress or force to get you to enter into the marriage and you haven't lived with her voluntarily since learning of the fraud, duress or force.

    Unless you fall into one of these four categories, it is unlikely that you can seek an annulment of your marriage in a Texas court. Good luck, and I hope this helps.

    www.oneilanderson.com

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  • My wife and I are anticipating a divorce and she deals alot in cash where I do not

    I have learned that she has begun to funnel cash into an account into her daughts name and I have no way of tracking the money, nor will have any claims to his because it is not our daughter together. We have several accounts that are joint accou...

    Nathan’s Answer

    You have to be very careful in this situation because Texas courts have a theory called fraud on the community. Regarding your account that you had prior to marriage, this would be your separate property and not subject to division upon a divorce. However, if you have commingled any income during the marriage with the account you had prior to marriage, you potentially have a problem in showing that account is your separate property.

    Please feel free to contact my office for a free 30 minute consultation if you'd like to discuss this further.

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  • After 8 years of marriage, seperated for 3 years, is my wife entitled to half or a percentage of my 401k, retirement.

    she is wants half of my retirement. ihave been at my job for 6 years, she's been at hers for 1 year. i have asked her to take a percentage. she used some of her retirement to help support the household while i was laid of and to help me get a car ...

    Nathan’s Answer

    As correctly pointed out, a just and right division of the community estate is appropriate. This does not necessarily mean that your soon to be ex-wife is entitled to one half of your 401k account. If you held the account prior to marriage, then a portion of your 401k is your separate property and not subject to the just and right division. Sometimes courts will award spouses other pieces of property to keep the 401k in tact for the earning-spouse. For example, it is possible the court could award your soon to be ex-wife a greater share of some other financial account so that your 401k stays in tact for you.

    I hope this helps. Please feel free to contact my office for a free consultation.

    Nathan

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  • How can I keep my husbands girlfriend away from my child after they get married?

    My husbands girlfriend has harrassed me via text messaging and my space. Now she has physically assaulted me and I'm going to have to have surgery. He says they're getting married as soon as our divorce is final. Can I keep my child away from h...

    Nathan’s Answer

    You might want to consider a permanent injunction against her to keep her from harassing you.

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