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Hilton K. Moore
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Hilton Moore’s Answers

52 total


  • Will he, likley, be awarded more of our assets (forced sale of the home) and/or less of the joint debt? Anything I can do?

    I live in TX w/ my husband & children (6 &3 yrs old) and plan to file for divorce. My husband has (in the last year) his real estate license but hasn't brought in income as a real estate agent. Prior to that he freelanced video work (when he decid...

    Hilton’s Answer

    Although there are bases in the law on which a party can ask that they get more than 50% of the overall community property/debt division, those do not sound like strong argument for such a division in his favor. No one can promise you any particular outcome of result, but IMHO you have good arguments to avoid such an outcome. You should definitely get an attorney to help make/defend those arguments.

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  • How do I proceed now that she has been arrested? Would this be an uncontested divorce? Which State should I file in?

    I have been married for about 12yrs, though we split after 8. I moved out and left her everything and have moved states. I started trying to find her again in the past 3 yrs to file for divorce and just found out she was recently arrested in Cumb...

    Hilton’s Answer

    I agree that jurisdiction may be an issue, but if she shares your wish to see the divorce happen, she may consent to the jurisdiction.
    An uncontested divorce means the parties are agreeing to 1) get divorced, and 2) all the terms of the divorce. So, it depends on her view on things after getting notice of the filing.

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  • Can a spouse legally get away with siphoning off money from community property before the possibility of a divorce?

    In Austin, TX, there is a possibility of me filing for a divorce after attempts to reconcile with my wife who had an affair. She is asking to separate her financial accounts and also remove my name as a joint account holder, on the pretext of wan...

    Hilton’s Answer

    In a word - no. Even though you are separated, and maybe using separate accounts, you are still a community until the divorce is granted, so you (and she) have the right to see statements and activities for all accounts. So, if you suspect such activity, you can expect to be able to see the statements that would prove or disprove that.

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  • Do I need a lawyer for file this? Honestly, I'm looking for any advice in this matter.

    I would like to file abandonment on my ex-wife. She is an alcoholic and a drug addict. She has never paid a cent of child support, we have been divorced since 2010. I have sole custody of my daughters, one adopted and one biological ( I don't know...

    Hilton’s Answer

    Did the divorce Decree order her to pay child support? If so, and she hasn't paid, that may help your case. You're seeking a termination of parental right and step-parent adoption. IMHO, you definitely need a lawyer to help you with this. It's complex and has many steps.

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  • I'm strongly considering divorcing my wife of 40+ years due to her pursuing guardianship over me and a number of other reasons

    too lengthy to get into. Her main reason I suspect is to get complete access to what money I have saved over the years, including my upcoming Social Security and inheritance. We are still co-habiting and I am perfectly capable of taking care of my...

    Hilton’s Answer

    From your description, it appears that the deeding of the house was either 1) a gift to her from her sister (to avoid probate later), or 2) given to her in a "safekeeping" role, which is not a very good way to do that. But, neither of those scenarios lend themselves to you now having a divisible community property interest in it. The payment of mortgage payments is a trickier question, but you're also living there, so it might be interpreted as rent.

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  • What is a typical division of community assets in Austin, Texas, for a divorce with cause when my wife cheated on me?

    About 7 months ago my wife confessed to me that she had an affair that lasted for 4 months. There were 9 sexual events, 3 of which were in our home while I was at work. She works too. I have been emotionally devastated since then and my wife a...

    Hilton’s Answer

    I would agree with the previous answer. Three things I would point out:
    - No one can tell you exactly what a court would do under any given circumstances.
    - You can ask for a disproportionate division (more than 50%) based on fault, but, even if a judge agrees, it's seldom more than 55%.
    - She can argue back with other bases for disproportionate division (there are several others besides fault), and can also try to flesh out the picture with testimony about the state of the marriage before the bad behavior on her part.
    There's a common misconception in the community that proof of fault is a big hammer in a divorce. It's a hammer, but, generally a small one.

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  • How do I minimize the damage of a Common Law divorce in Texas?

    I have a common law wife in Texas. She quit working for no reason. She is not disabled in anyway and we have no kids. This went on for 7 years. I moved out of our house Sept 2012, and moved into a female coworkers place until the house sold. I was...

    Hilton’s Answer

    • Selected as best answer

    You definitely need an attorney, and right away.
    Under 2.401 (about common law marriage), "If a proceeding in which a marriage is to be proved as
    provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not
    enter into an agreement to be married."
    Given the dates in your answer, you may very well want to assert that no common law marriage exists.

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  • Do I have to wait the six month period for "establishing residency" to file for divorce?

    I was married in Texas but moved away to Michigan with with my husband as a student. Since I was a student and we didn't plan on living there for long I never changed my drivers license. Since then we decided we wanted to divorce, and I moved back...

    Hilton’s Answer

    You don't mention how long you lived in Michigan, but, IMHO, unless you can demonstrate that it was truly "temporary", a court would require you to live here for the required six months before filing. Otherwise, he may challenge your filing.

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  • Are there legal options to stop a spouse from returning to a home they have abandoned for someone else?

    Home jointly owned in Tx. Spouse has been seeing someone else, coming home less & less for a yr.. 6 wks. ago spouse voluntarily moved out, stating he wanted nothing from the house. Now wants to come back to spare room until divorce final & home ...

    Hilton’s Answer

    The legal option is to ask the court to make Temporary Orders, and as part of that to ask that one side have "exclusive use and possession" of the house. The other side still has a property interest there, but can't come and go as they please. Courts are usually willing to do this.
    But, if the other side has to go get a place, all community income may come into play as to how to pay for that second residence.
    Conferring with an attorney is your best bet on this kind of case.

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  • Can I modify the mediated settlement agreement?

    Can I modify the mediated settlement agreement? My x husband and I we has a joint custody and we had a new mediated settlement agreement only a couples months ago then circumstance happen and i need to change but his not agreeing with me. but I ne...

    Hilton’s Answer

    I agree with the last answer. Normally no, but if the change you refer to is consider by the court to be a "material and substantial change in circumstances", then yes, you may be able to ask for changes. That the same standard that would apply if the MSA had become an Order.
    Confer with an attorney about the change and whether it would meet that standard.

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