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Cynthia Thomson Diggs's Answers
Contributor Level 10
- 63 Legal Answers
- 6 Legal Guides
3
Attorney answers:
Is the cash value on whole life insurance policies on the spouse who initiated the divorce considered community property in TX?
Generally speaking, in Texas, property of the marriage-- including the cash value of life insurance policies-- is community property subject to a "just and right" division, which most often means close to a 50/50 division. If he put the money in trust with his lawyer, some of that money may have gone to pay attorney's fees, and once its spent, its no longer available for the court to divide it. This is a situation you should bring to the attention of your divorce lawyer. Best of luck to you.
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4
Attorney answers:
Approx. cost of divorce?
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...
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2
Attorney answers:
I agreed on a childsuppport order to let my child father claim her on his taxes every other year. I do not want to do it anymore
This one is tough. Normally the IRS lets the primary parent claim the children on the taxes. Once you contract that right away, however, it is hard to change it. This is in part because the family courts do not usually involve themselves in tax issues, which are governed by federal law. and in part because it is a contractual arrangement between you and the father. But you may be able to find a bargaining chip, and use that to renegotiate the deal. For example, if there has been a...
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3
Attorney answers:
My divorce is final and my ex-wife was ordered to return the vehicle to me 30 days after the divorce.
It is not uncommon for ex-spouses to fail to obey court orders for turning over property divided in a divorce, but they are risking contempt of court. Your ex wife should be following the divorce decree, which is an enforceable court order. Your decree apparently requires her to return the car to you. You have indicated that your decree, like most decrees, does not require you to refinance, or "take her name off the loan." This in no way diminishes her responsibility to follow the order...
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4
Attorney answers:
Is there a fee for filing an Answer to Divorce?
No, there is no fee for filing an answer to a divorce petition. However, many people often file a counter petition for divorce when they file an answer and that would require a fee to the District Clerk. There are good reasons to file a counter-petition, but those reasons may or may not exist in your case, it depends on the facts. You may want to hire an attorney to review your final decree before you sign it. Good luck to you.
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4
Attorney answers:
What happens if I get remarried before the 30 day period is up? And if I get remarried in texas???
WHile there is no clear cut answer to the question of what happens if you get remarried before the 30 day period is up if you marry in Texas, you should know that you will have to give the answer to that question on your application for a marriage license. Here is some information that may help you, however. First, the 30 day prohibition against remarriage is not going to matter if you remarry out of state. Second, you may want to ask the court for an exception to the 30 day rule...
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2
Attorney answers:
My wife is unstable and has left my son with her parents, 4 states away from me.
There are several approaches that you could take to this matter. First, as you are a parent, you can go get your child. If there is no court order in effect, then your right to have possession of your child will supersede the Grandparents' rights, and the police should not attempt to interfere with you if you choose to go to their home and pick them up. However, that scenario could become distressing for the child, and moreover, the Grandparents might bar their door to you, take refuge...
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1
Attorney answers:
Can we live in same house together while getting divorced and after the divorce is finalized, until the house can be sold?
You can agree to share the house after divorce if you are both in agreement to do so. It is impossible to predict what the IRS might think, but you have tax advantages from being married and filing jointly that you will likely not have if you are divorced and filing individually as single persons, so from that view, the IRS should be happy.
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1
Attorney answers:
Remarried before Divorce is finalized...
I believe that both of these clerks were wrong, and perhaps should not be giving legal advice since they are probably not attorneys. However, the clerk in Texas gave you advice that is more correct. Rest assured: Your marriage is valid under Texas law. Texas Family Code section 1.101 sets out a legal presumption that every marriage is valid to begin with. While it is true that neither Texas nor California will recognize two marriages at once (bigamy), Texas Family Code section 1.102 presumes...
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3
Attorney answers:
What do i have to do?
Yes, you can file for divorce in Texas if you have lived here 6 months and in the particular county for 90 days. If you seek assistance from an attorney, the attorney will want to know about what contacts your wife has with Texas, such as whether she has ever lived here, as that might influence the court's power over the marital property. Your wife will need to be served with the divorce petition in Mexico unless she agrees to waive service. Best of luck to you.
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