Hilton K. Moore’s Answers

Hilton K. Moore

Austin Divorce / Separation Lawyer.

Contributor Level 6
  1. My husband wants a no fault divorce because he said he doesnt want the both of us to go broke by hiring lawyers.

    Answered 11 months ago.

    1. Hilton K. Moore
    2. JaPaula C Kemp
    3. Patricia Jessica Dixon
    4. Peggy Margaret Raddatz
    5. Robert J Adams Jr.
    5 lawyer answers

    Although some divorced parents are able to make an agreement like this work, if there's no history of him living up to that sort of role, it's unlikely he's going to in the future. There's the possibility that he's offering it in hopes of avoiding an ordinary calculation and award of child support. Be very cautious. And hire an attorney for advice before agreeing to anything.

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  2. Where in the divorce decree do I enter the cash amount respondent is paying petitioner as settlement of their division of assets

    Answered 10 months ago.

    1. Hilton K. Moore
    2. Maria Sara Lowry
    3. Mark Allen Land
    3 lawyer answers

    I agree with the other responses. Your method may not be a good way to handle your property/debt division. Typically, we try to find a way to divide the assets themselves, with perhaps a small amount paid to equalize columns, but giving everything to one side with a big cash payment to the other side may be unwise for a number of reasons. One is that it can be complex to "secure" that payment. There are ways to do it, but you're not going to find them on a fill-in-the-blank form.

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  3. If wife leaves myself and my kids and has someone on the side would this be abandonment ?

    Answered 7 months ago.

    1. Hilton K. Moore
    2. Mack J. Travers
    3. Maria Sara Lowry
    4. Alan James Brinkmeier
    4 lawyer answers

    It might not technically qualify as abandonment, but you have some intriguing arguments for having primary custody of all three children. A further consult, with more history and details, would be necessary to opine further.

    4 lawyers agreed with this answer

  4. Should I hire a lawyer before filing for divorce to avoid custody/child support issues? Does it matter who files?

    Answered about 1 year ago.

    1. Courtney Alyson Kaisand
    2. Brian Douglas Walters
    3. Hilton K. Moore
    3 lawyer answers

    I agree with Brian, and will add to that. Although these issues of custody and support seem straightforward at first, they are not. There are lots of wrinkles and sub-issues that have to be done correctly, and if they're not done correctly, can come back and bite you. I often make more money fixing old orders that were done wrong than I would have made doing it right in the first place. I'm allowed to rebuild the engine in my car without a mechanic, but that doesn't mean it's going to run...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. My husband has violated many orders, but no one has filed contempt of court motions against him in my pending divorce.

    Answered 8 months ago.

    1. Sherrie Haussner Travers
    2. Dorothea Elaine Laster
    3. Hilton K. Moore
    4. Mark Allen Land
    5. Maria Sara Lowry
    6. ···
    6 lawyer answers

    I agree with the other responses on this question. Sometimes it's makes sense to file an Enforcement on Temporary Orders, and sometimes it's best to handle them (the violations) as part of the final resolution of the case. If you've talked to your current attorney about this, and you're not seeing eye to eye, maybe it's time to interview some other attorneys for second opinions or a change of counsel.

    3 lawyers agreed with this answer

  6. My husband walked out and left community property that we bought while we were married. Can I sell it without consulting him?

    Answered 11 months ago.

    1. Hilton K. Moore
    1 lawyer answer

    Technically, yes. But use caution. If you're needing the money for living expenses or attorneys fees, you'll be fine. But, if it looks later, to a judge, like you were just disposing of things, out of spite or whatever, that could be held against you. Once you file, some counties have Standing Orders that bar certain actions/expenditures/sales from that point forward.

    3 lawyers agreed with this answer

  7. Question about Decree order for Monday visitation .

    Answered about 2 months ago.

    1. Hilton K. Moore
    2. Maria Sara Lowry
    3. Dorothea Elaine Laster
    3 lawyer answers

    A closer look at the Decree would be necessary. If you normally return the children to school on Monday, you'd hope that the "holiday" section would state that you return them to school on Tuesday, but, that detail may have been missed, and if the Decree says that you, on Monday holidays, are to return them on Monday night, then that's what it says, and you'd probably better do that, barring an agreement otherwise. You could seek to modify the Decree provisions to state what you'd prefer, but...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. How can I get a divorce without revealing my address, and change my name to something other than my maiden name to avoid danger?

    Answered 7 months ago.

    1. Mark Allen Land
    2. Dorothea Elaine Laster
    3. Hilton K. Moore
    4. Maria Sara Lowry
    4 lawyer answers

    Since he would have a copy of the Divorce Decree document, I would recommend doing your name change as a separate action, rather than as part of the divorce. If there are no kids, and you file through an attorney, the address part shouldn't be a problem.

    2 lawyers agreed with this answer

  9. I need someone else to finish my divorce. I just need the retirement information and home value. Thats it. Im in Austin, Tx

    Answered 9 months ago.

    1. Maria Sara Lowry
    2. Hilton K. Moore
    3. Travis L Turner
    3 lawyer answers

    I recommend at least a consultation with an attorney. It's unlikely that just knowing the home value and perhaps the retirement balance is going to get it done. If if a Petition and Answer/Waiver have been filed, getting the Divorce Decree right is extremely important. If all is agreed, perhaps it could be low cost, but your questions leaves many questions in an attorneys mind about what it will really take to wrap up your case.

    2 lawyers agreed with this answer

  10. I need help. my husband left me yesterday. he did this all behind my back. emptied the bank account. does anyone pro bono?

    Answered 10 months ago.

    1. Maria Sara Lowry
    2. Hilton K. Moore
    3. Christopher Daniel Leroi
    3 lawyer answers

    Also, depending on how much your husband took out of the bank accounts, you may be able to get an attorney to take on your case, until such time as a Temporary Orders hearing can be had, and get some of those funds back to help with your attorneys fees and living expenses.

    2 lawyers agreed with this answer