Tracy Lynne Sterling's Answers

Married man while he was in prison and we never consummated the marriage, can I get an annulment?

No, failure to consumate a marriage is not a ground for an annulment in Texas. In Texas, the only grounds by which you can annul a marriage are: 1) a party to the marriage was underage and did not have parental consent or a court order for the marriage; 2) a party to the marriage was under the influence of alcohol or drugs and thus did not have the capacity to consent to the marriage (and you have not lived with him since); 3) a party to the marriage was permanently impotent and you...

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How do I go about filing for divorce when my spouse lives in another state?

In Texas, only one spouse needs to be a resident of Texas for the preceding six (6) months and domiciled (residing) in that particular county (i.e., Harris County) for the preceding ninety (90) days. You'll have to give your spouse notice and an opportunity to answer the lawsuit for divorce, but he can waive citation and his right to appear in court. If he waives citation, it is considerd a "Waiver Divorce." As long as he signs a waiver, and there are no children born or adopted during the...

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In Texas, is the rate of child support based on net or gross salary and is there a cap if income is over $117,000 per year?

Net...sort of. The standard child support guidelines apply to the first $6,000.00 of net resources per month. Net resources means all wage and salary income and other compensation for personal services, interest, dividends, royalty income, self-employment income and net rental income, LESS social security taxes and federal income tax withholding for a single person claiming one personal exemption and the standard deduction. When net resources are above $6,000.00 per month, the court...

How long being married that you can get an annulment?

You will likely need a divorce. In Texas, the only grounds by which you can annul a marriage are: 1) a party to the marriage was underage and did not have parental consent or a court order for the marriage; 2) a party to the marriage was under the influence of alcohol or drugs and thus did not have the capacity to consent to the marriage (and you have not lived with him since); 3) a party to the marriage was permanently impotent and you did not know (and you have not lived with...

Can i get my marriage annuled or do I have to get a divorce?

You will need a divorce. In Texas, the only grounds by which you can annul a marriage are: 1) a party to the marriage was underage and did not have parental consent or a court order for the marriage; 2) a party to the marriage was under the influence of alcohol or drugs and thus did not have the capacity to consent to the marriage (and you have not lived with him since); 3) a party to the marriage was permanently impotent and you did not know (and you have not lived with him...

Is there an inexpensive lawyer/mediator in Fort Bend County that can help me w/divorce

If you and your spouse agree to the terms of the divorce, child custody/support issues and property division, it sounds like your best option is an uncontested divorce. These range in price, depending on the attorney, but can cost as little as $1,000 plus filing fees. Call around and inquire as to prices for uncontested divorces.

How do I get divorced from an Italian citizen?

In Texas, only one spouse needs to be a resident of Texas for the preceding six (6) months and domiciled (residing) in that particular county (i.e., Harris County) for the preceding ninety (90) days. You'll have to give your spouse notice and an opportunity to answer the lawsuit for divorce, but he can waive citation and his right to appear in court. If he waives citation, it is considerd a "Waiver Divorce." As long as he signs a waiver, and there are no children born or adopted during the...