Lisa A. Vance's Answers

My ex-hus will not sign the Special Warranty Deed. My atty will not file a motion to order. What do I do?

If your spouse has a lawyer, you would be well-served to have an advocate as well. Call the Community Law Center in San Antonio - 210.271.9595; it's the only non-profit in town that provides legal services for qualifying clients who don't qualify for Legal Aid (& you won't, if you have income). And they will transition with your current lawyer to take over your representation. The only other resource I know of is the law clinic at St. Mary's, but I don't know how that operates in the...

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What is the cost of seeking an uncontested divorce with no kids in San Antonio TX area

Do you and your spouse agree? If so, go to www.uslegalforms.com and buy their "do it yourself" package. (I think it's around $50.00 or so.) I personally think it's a good idea to have a lawyer review the paperwork, just to be on the safe side, and you can find a lawyer who will work with you to be sure that what you've done is right. Good luck!

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Is common law marriage recognized in Texas

Whether or not your relationship qualifies as an informal marriage depends on the facts of the relationship. (See Texas FamilyCode Section 2.401). Even if you were formally married, he would have the right to designate his son to act as his attorney in fact; it doesn't mean that the son gets to keep you out of your home or away from your possessions. If you were informally married, you'd have the same rights as if you were formally married.

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What is "best interest of child"

In short, yes, it is possible, but likely to be lengthy and expensive litigation. Child custody questions are governed by the "best interest" standard and the landmark case on point is Holley vs. Adams (Texas Supreme Court, 1976). Courts will look at these factors (although this list is non-exclusive and your facts may trigger additional concerns): (1) the desires of the child; (2) the emotional and physical needs of the child now and in the future; (3) the emotional and physical danger to...

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Not married. Living together with property, but now want to seperate from each other. How do we divide property?

Assuming that you were not married by "common law," then you do not file a legal separation. If that is the case, then try the Bexar County Dispute Resolution Center - they offer mediation services for free, and perhaps you can avoid having to hire a lawyer. If you still can't agree, then you need to hire counsel to file a suit for partition (which means dividing the property) and a judge will decide who gets what.

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While in hospital my soon to be ex husband did some illegal activities, under TX law can i have any liability

Do you have a divorce lawyer? If so, ask that lawyer, because you want to be sure that your lack of knowledge is documented and accepted before reporting any of these events. You also want to maintain an "innocent spouse" position, so your divorce lawyer will help you keep that position. On the other hand, if there is money involved, a government agency could cease your assets and if you know but do not report, you might be determined to be an accessory. So, it's hard to answer your...

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Is it a possibility that my son's father could get custody?

Do you have any kind of a court order that specifies the visitation issues between you, your son and his father? That is the document that would spell out the exact period of time that each is entitled to have possession of the child. If Texas law controls your facts (& Texas will not have jurisdiction over you until you've been here for 6 months, unless a federal law would control), then Texas courts would say that you have not abandoned the child. There are abandonment statutes in the...

Does my ex-spouse owe me money?

I know this is not a simple answer, but, frankly, it depends. The decree of divorce (&/or the Agreement Incident to Divorce) should define what funds are considered retirement. If it does not, then you might have to look to your husband's benefit plan for assistance. In addition, most decrees will state that if one party or the other fails to disclose assets, then the "innocent" spouse may recover not only the percentage owed, but sometimes attorneys' fees as well. I suspect, however, that...

How can I stop a bipolar ex girlfriend from harrassing me and making threats? Police can't do anything.

First, don't worry about the fraud threat - even if it was valid, there is a four year statute of limitations on fraud. I agree that you should try the police again - if they still won't help, then you have a claim against your ex for trespass, intentional infliction of emotional distress, invasion of privacy, etc. A civil court could issue a Protective Order against her (& she can go to jail if she violates it) if the judge is convinced of your facts. You'd need to document the effect on...

My husband is a full time student , can't find work

The Texas Family Code requires the person obligated for child support to pay support based upon his net earning ability (not necessarily what he actually produces). His status as a student will not excuse his obligation to pay child support, although if he can prove that he has tried to find work and been unable to do so, a judge may consider that evidence - your husband would argue that he has an "inability to pay," but the courts are extremely difficult to convince. Most judges will expect...