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.
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.
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...
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.
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.
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...
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...
All property acquired during marriage is presumed to be community property. Because Texas does NOT recognize legal separation as a marital status, any property acquired prior to the entry of the final decree of divorce would be presumed community property.
I hope this helps!