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Duane L. Coker's Answers
Contributor Level 12
- 125 Legal Answers
- 15 Legal Guides
2
Attorney answers:
My husband wants to adopt my daughter, her "real" dad has never seen her, but he does pay child support,
A voluntary termination and step-parent adoption are not overly sophisticated legal proceedings, but they are so technical - often requiring Court-ordered home studies, the appointment of ad litem attorneys, criminal background checks and so on - that I often recommend the hiring of an attorney to make sure all of the "i"s are dotted and "t"s are crossed. Should the biological father change his mind at some point, it's important that the termination and adoption were done properly and are not...
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3
Attorney answers:
Do lottery winnings have to legally be split with your spouse in Texas if you are getting a divorce?
Lottery winnings during marriage are typically considered community property and are divisible at the time of divorce. The Judge has the right, at the time of the divorce, to make a just and right division of the community property. It does not have to be 50/50 in every case. You could make the argument that you had already separated and divided your assets prior to winning and, while the winnings may be community property, the Judge might award them to you. Every court is different, so...
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1
Attorney answers:
Counter petition for divorce texas
A Counterpetition is often filed by the Respondent (the spouse who did not file the Original Petition) in a divorce case. There are a number of reasons to file one, though, in many cases, especially uncontested cases, no Counterpetition is filed. However, if both parties want the divorce, normally both parties file so that either party can proceed forward in the case should the other party decide not to proceed or not to proceed as quickly as the other party would like. Normally a...
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4
Attorney answers:
Is My Divorce Legal Under Texas Law?
If the only issue is the county in which it was filed as you described, I believe your divorce is valid under Texas law. You could always have a lawyer review all the pleadings and the decree to give you a definitive answer.
1 lawyer agreed with this answer
2
Attorney answers:
I am a custodial parent wanting to move about 400 miles away but its still within the same state do I need permission from the n
The answer to this question depends on a number of factors. If you have a current Order (divorce decree, order in suit affecting the parent child relationship, etc.), that Order probably states the rules about where you can move with the children. Also, if you have a pending case, there may be "Standing Orders" that limit changing the child's residence, without Court Order or agreement with the other party, while the litigation is pending. Further, there may be other reasons that making a...
1 lawyer agreed with this answer
1
Attorney answers:
My husband wants to adopt my daughter. How do I go about doing it without the biological fathers consent?
If the father would cooperate, the case would involve a voluntary termination of his rights and a stepparent adoption by your current husband. This is fairly simple, though sometimes time-consuming and it does involve legal fees and other expenses. If he won't cooperate, which seems to be the case based on your posting, then you can seek an involuntary termination coupled with a stepparent adoption. Based on the limited information you provided, you may have grounds for such a termination,...
2 people marked this answer as helpful
3
Attorney answers:
Do I need to file a formal response to the divorce petition my husband filed?
Even in a possibly agreed situation, you should normally file an answer or a signed waiver that tells the judge that you want to sign any agreed orders or be notified of any hearings in advance. If you don't, and if the negotiations should hit a rough patch, they could possibly take a default judgment against you. Judges will normally approve the property agreement of the parties, even if they're nonstandard, but it'd probably be a good idea to have an attorney review the final decree for you...
2 people marked this answer as helpful
2
Attorney answers:
Is wife entitled to any of the money her husband has inherited should they divorce. (Texas)
I agree with the other answer, but would also add that, while it might not apply in this case because the marriage is of fairly short duration, the Court can consider the separate property of the husband when dividing the remainder of the estate. In other words, the Court can't give the wife husband's separate property, but might give the wife more than half of the community property if husband has a substantial separate estate. Depending one the size of the estates, it might be wise to...
2 people marked this answer as helpful
3
Attorney answers:
Do I need to hire a attorney if my ex husband wants to relinquish his parental rights to our 17 year old son?
Termination of parental rights can be a complex legal matter. Not only do the Courts generally look at these very carefully, some Judges are also reluctant to do a voluntary termination if there is no prospective adoptive parent. For these reasons, I always recommend that parents looking to do a termination, even an agreed one, visit with a good family lawyer in their area before proceeding.
1 person marked this answer as helpful
2
Attorney answers:
Quadro-I'm vested, not retired, other party drew most of their part in cash & is now deceased..any chance of recaptured the rest
I'm not sure you've provided enough information for this question to be answered. If you are talking about funds that were divided at the time of divorce, then it might not be possible. Bottom line, you should immediately talk with a good family and/or probate lawyer in your area. If you could find someone who does both, that'd even be better. There are time limits involved in probate estates, so you should consult with a lawyer, who after hearing all the facts should be able to answer your...
1 person marked this answer as helpful