Jonathan Lee Stovall's Answers

How do I get my pending divorced dismissed?

Either file a Motion to Transfer to whatever county you are now in - or file a notice of nonsuit and a proposed order then start over by refiling in the proper county. Eitherway could technically work. Some attorneys, like us, will allow you to pay for just the transfer if you did not have the financial resources to pay for the entire divorce. This is really a simple process - so call us and we can get on it for you.

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Adopted child relquishment

She cannot do that ALONE - that is, without a court's intervention. You probably have visitation rights, etc. You need to be exercising those rights and showing up every 1st, 3rd, and 5th weekends, etc. (or whatever your visitation is as outlined in your divorce decree). If she denies you visitation, you need to immediately file a Motion to Enforce and go in front of the Judge. If she persists, she could face jail time of up to 6 months per violation of the court order. The longer you wait,...

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Is there a legal time limit on submitting my response to opposing party reference their draft divorce decree

The opposing attorney may set the decree for "entry" - meaning that the Judge will expect both sides to be there to present their draft of what they think the Judge or Court ordered. I would go ahead and respond via email with the changes "red-lined" in Microsoft Word and begin negotiations for a final document. But right now, without a court date in place for entry of the order, there is not a technical time limit that you need to be worried about.

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14yo son charged with sexual assault w/ 15yo girl friend. Prosecutor offered to drop charge to Injury to Child. Is this good?

"Good" is a tough standard to judge. It's never "good" to have criminal history - whether you are a juvenile (as your son is) or an adult. He may, however, have been certified as an adult in this case and that would obviously have different consequences. The main concern for many of my client charged with any type of sexual crime is the requirement that they register (for life) as a "registered sex offender." If this requirement can be avoided, then most of my clients see that as a positive...

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Separated wife takes large sum of cash out of joint account after 2 years of separation

Without a divorce, there is still a community estate, so she has not broken a law. She has taken advantage of your not taking her name off of the account, but that is it. You should have filed for divorce. If you file now, you probably have a good argument that the "community" ended for all practical reasons once she left. You may be able to convince the Judge to make her pay you back since she'd already been living on her own. This is why separation is not a good idea in the long run -...

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MY Car has been repo and i have 20 days to get it back and a family member was go finance it in her name how will we be able to

Ask the lender if you can "cure" the default by paying off the car in full. If so, get the amount they want and get your family member to go get the loan - get a cashier's check - pay it off - and they will normally give you your car back at that point. If not, they'll auction it off and charge you the shortage of what they get for it and what you owe. Jump on this quick, however, as the clock is ticking on your time to cure your default.

What do I have to do to get custody papers changed on my oldest son in which I have had possession of him for a year now?

Get a lawyer and file a modification to get custody changed. If you can't afford this, go to the local Attorney General Child Support Office and request a "change of status" modification from them. It'll take longer, but will accomplish the same thing. Once a parent relinquishes a child to the other parent for six months or longer, that constitutes a material change of circumstance and a modification of custody should normally be granted under those conditions.

Has been divorced with his ex wife for over 4 years, can the ex wife still file alimony?

In Texas it would be rare for a Judge to even consider awarding spousal maintenance 4 years post divorce as it normally is addressed in the divorce itself. If they were divorced in another state, however, then the laws may be different there as it relates to alimony. Technically, there is no "alimony" in Texas - only spousal maintenance. A spouse can be ordered to make periodic payments to a former spouse for up to three years (but must be ordered at time of divorce - it can LAST for up to...

Am i entitle to my husband 401k?

First - hire a lawyer. You guys have too much property to attempt to do this on your own. In Texas, property acquired during a marriage is community property - which means that you each have a 50% interest in that property - both houses and 401k plans. There are special documents that may need to be prepared to make sure your interest is protected. If you file for divorce, request a temporary hearing. He will be ordered to begin making temporary child support payments as well. I wouldn't...

What happens if he goes to court but fails the drug test? What happens if he doesn't take the drug test and doesn't go to court?

It could if someone with an interst in your child (i.e. CPS) finds out and wants to do something about it. He needs to pass the drug test and then he won't have much to worry about. Get a good lawyer - 14 and 16 year old kids rarely need their visitation with dad to be "supervised." This is probably more driven by her jealousy of you and your new child than anything about safety. Let's be honest - no one ever got high on marijuana and beat their children. It is illegal, however, and that...