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Cynthia Thomson Diggs

Cynthia Diggs’s Answers

68 total

  • If I've never been served with temporary orders nor have I seen them or signed them can they be enforced?

    We are going through a divorce live in the same house share the same bed. He filed for divorce now he wants me to move out on January 1, 2015.... Our attorneys said we wouldn't have to go to court if we could agree on a date for ME to move off ou...

    Cynthia’s Answer

    No, not unless you agree to the terms, waive service, or show up at the hearing. But you should not accept my comments as legal advice-- you have a lawyer.

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  • Texas. Married. My mother gave us $20K which we put down on a new home. Divorcing. Can I claim that $20K as separate prop?

    Mother didn't say whether she was giving the money to me or us. We will sell the house and split proceeds. I'm wondering whether $20k should go to me before the split because it was from my mother and therefore separate property.

    Cynthia’s Answer

    Your best bet may be to plead equitable reimbursement and plead separate property as an alternative theory. Neither is completely satisfactory here. You must prove separate property by clear and convincing evidence, and from what you have stated so far, the facts aren't very clear or convincing that the property was a gift to you (that would therefore be separate). But if you do prove that, and the $20,000 represented the full down payment, then you can argue that the house is separate.

    Reimbursement is an equitable theory that the judge has discretion to grant or deny.

    One other approach is to argue that the percentage portion of the house attributable to the $20,000 is separate.

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  • Can you sue your husband for alcohol poisoning while filing for divorce?

    I am currently filing for divorce from my husband, and the marriage has been rough, and he has done a number of things that are terrible, and I was curious if you could sue for a bunch of things while filing for divorce?

    Cynthia’s Answer

    Yes, you can sue for negligence, fraud, assault, etc. Any claim that you could bring independently can be brought in the divorce as well.

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  • Can my ex husband file that I am in contempt of court if I have told him to meet me in a public place to pick up the kids?

    according to the decree he is suppose to pick them up from school. He is not able to so I have told him to pick them up at a nearby donut shop after I get off at work. He refuses and insist that he picks them up at my residence. He has called pol...

    Cynthia’s Answer

    While I can't give you legal advice, here are my thoughts.

    You can't stop him from calling the police. But you can refuse to turn them over at your home, because the decree does not require it. Keep a certified copy of the decree on hand to show the police. You might also explain that you at least offered to meet him at the donut shop, so the police will realize that you aren't just being difficult. I assume that there is a reason that you don't want him at your house, and you can also tell that to the police if you wish.

    Also, if you know he has called the police, you have the right to take the children and leave the house for a while so that they won't be exposed to this foolishness. Since you are not violating the decree, you are well within your rights.

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  • Can I get a divorce even if he doesn't want it

    We were legally married in paper only (it was never consumated)we were only legally together 1 month. I moved here to Texas. He is in Illinois. I have been here 6 months. If I file here and go before the Judge wanting a divorce can he stop the ...

    Cynthia’s Answer

    Sure, you can get a divorce in Texas once you meet the 6 month residence requirement. Texas is a "no-fault" divorce jurisdiction, meaning that you can get the divorce without even having to prove that he did anything wrong. (though it sounds like you also have grounds based on cruelty by your husband) He can't prevent the divorce.

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  • Can I get compensation and/or attorney fees paid by an abusive husband in a divorce in Houston, TX?

    I have proof of extensive verbal/mental cruelty via texts and video by husband. I have been kicked out of the house. I just moved to Houston 8 months ago and married him then. He then became very controlling and verbally abusive. I have very littl...

    Cynthia’s Answer

    You might be able to get the following monetary relief:
    Temporary spousal support
    Attorneys fees
    Expert fees
    Payment of certain expenses, such as rent, until the divorce is final
    All this depends on the facts and the skills of your lawyer, as well as other factors

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  • Approx. cost of divorce?

    My husband and I have been separated since 2004. We have no property together. Both of our children are grown ages 20 and 24. My question is what type of cost am I looking at to file a divorce? and would it be easier to file a do it yourself di...

    Cynthia’s Answer

    Oh boy, that is a loaded question! You used an interesting phrase: "We have no property together." Well, it depends on what you mean by that. Did you mean: all property is in either my name or his name? Then you do have community property. The name the property is titled in is not controlling. So, for example, if your spouse has a $400,000 401K with his company, its community. You are entitled to your share. Same is true for cars, boats, real estate, stock options, company stock and so on. Generally we find that when parties have proceeded without lawyers, one party usually has an advantage over the other in terms of knowledge, or sometimes sheer force of personality. How do we lawyers know this? Because people who "do it themselves" often end up in our office later to straighten out the problems that have been caused by not hiring an attorney. And it is much harder to straighten things out later than to do it right the first time.
    You may want to buy an hour of a divorce specialists time before you decide how to proceed. If you are skeptical about what that attorney has to say, consult with a second attorney-- its worth the cost to make sure your rights are going to be protected.
    People think that because there are forms here and there on-line, or because a friend of theirs did it themselves, it's easy. It isn't. Every lawyer in Texas gets a four year degree, and then attends law school for three years. Every Board Certified family Lawyer in Texas has to additionally practice primarily in the area of family law for years, then take an extremely difficult specialization exam, and meet continuing legal education requirements in the field after that. You don't have that kind of time to devote to getting up to speed on all the potential issues. A Board Certified Family Lawyer is already there.

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  • What documents do i need to process a divorce in texas if i was married in mexico and wife stayed there

    i came to usaand been here couple years while wife has been in mexico i now want a divorce but want v to do it here in texas is it possible and what do i need

    Cynthia’s Answer

    Hire a divorce attorney and file in Texas once you have lived here six months. Your divorce attorney will see to it that your spouse is served with papers in Mexico.

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  • Can a man marry someone from another country divorce her and marry her sister?

    I know someone in my community who married a woman from another country. Divorced her and married her sister to make her a citizen. During this time the first wife filed bankruptcy and had a baby with her husband whom is now married to her siste...

    Cynthia’s Answer

    Yes, you can do it-- there may be some question as to whether the immigration authorities will view it as a legitimate marriage, however.

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  • Do i need a lwayer or a mediator to help me speed up a divorce? my soon to be ex refuses to give me his schedule in writing.

    i filed for divorce without representation on nov 18. since that time my soon to be ex husbands father retained an atty. it has taken her more than 4 weeks since thier conversation to draft a proposed decree, i believe most details we have agree...

    Cynthia’s Answer

    Generally, its a bad idea to proceed with a divorce with no attorney. This is far more true when your spouse has an attorney. This is even more true when children are involved. You admit that you are already having difficulty with your spouse! Don't play around with this--- you have two children, and a bad custody order is not worth saving a few thousand dollars. There is nothing sadder to me than having to say to a client: "I wish you had contacted me before."

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