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Janis Alexander Cross

Janis Cross’s Answers

9 total

  • My lawyer wont do anything after he filed my petition and has all of my paperwork and all additional paperwork I had to turn in

    He will not do anything, he always wanted me to meet his kids or meet him at his house and would always send me pictures of all of them. He even said "You didnt even meet my kids..." I said What does that have to do with my divorce?!? All of this ...

    Janis’s Answer

    You can fire you attorney and he will have to give you your file. YOU own the file, not the lawyer, so you will get a copy of your paperwork. Then, you can hire someone else to represent you. I am in Amarillo, so I can't help you with picking up your divorce, but there are plenty of lawyers in Killeen who should be able to finalize your divorce. The lawyer can also find your ex so that a copy of the final divorce can be sent to him. Good luck to you!
    p.s.
    My answer is based upon the information you published and my answers might change, based upon facts which are not known to me at this time. You really need to consult with an attorney who can interview you more fully, so that all the facts can be learned.

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  • Divorce in Texas and Remarriage(without waiting for 30 days) in another state with no waiting period?

    I got divorced in Texas,and got remarried with my boyfriend without waiting for 30 days(waiting period for Texas divorce decree to be final).I did some research on Avvo and found out Texas divorce decree is not final before the waiting period of 3...

    Janis’s Answer

    Hi! If no one appealed your divorce decree within 30 days from the date of the divorce, then your divorce is 'final" and can't be undone. Therefore, you are legally married in MN. I have people who leave the state to get married all the time, even before their Texas divorce is final. So long as the judge has announced that you are divorced and you married outside the State of Texas, you will have no problem! Congratulations on your remarriage!

    This advice is for informational purposes and is not to be construed as binding legal advice. - Legal advice can only be offered after a consultation between attorney-client, so that a full and complete understanding of the situation can be reached.

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  • Do I have to file in the same county I got married?

    I got married in Hutchinson County, TX and reside there as well, but plan on moving to Bexar County, TX and want to file for divorce there instead.

    Janis’s Answer

    You must live in a county for at least 90 days before you become a "resident" of that county. You can file in Bexar County after you have lived there 90 days. However, during that 90 day period, your spouse could still file in Hutchinson County, as long as he/she has lived there for 90 days. Then, you'd have to come back to Hutchinson County to participate in the divorce, even if you've relocated to Bexar County.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

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  • How do we change first and middle name of our legally adopted child if we did not do it during adoption

    she was born in CA and adopted in TX. we still do not have new birth certificate

    Janis’s Answer

    You will have to hire an attorney to file a Petition for the Name Change of a minor child. It's unfortunate that you did not change the child's name at the time of the adoption, as you could have done it then for free! Now, you will incur additional filing fees and attorney's fees. However, since you are the adopted parents, you can easily change the child's name by filing the Petition.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

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  • My son is 12 and i havent seen him since he was 4 now i just got hit with chid support are they gunna take my income tax

    im having a conferance about child support my son is 12 and i havent seen him since he was 4 father took him from me and now i got hit with child support are they going to take my income tax away

    Janis’s Answer

    You have a duty to support your son, whether you have a relationship with him or not. You will have court-ordered child support that you will have to pay monthly. If you don't pay it, it will accumulate interest at 12%. They WILL take you income tax refund if you get behind on your child support. (You can also lose your driver's license and also go to jail if you don't pay what you are supposed to pay!) The good news is that once you have your hearing, they will also set up a visitation schedule so that you can repair your relationship with your son. You should get him on weekends & holidays, as well as 30 days in the summer. You should consider getting a lawyer to go with you to the child support conference. That will assure that you get treated fairly and that you get your much-needed visitation set up! Good luck to you!

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  • How do I get out of this marrige quickly?

    I got married a month ago to someone I HAD BEEN DATING OFF AND ON FOR ABOUT 4 MONTHS. I did it thinking it would help me get over an ex. I just want to know the quickest way to get out of the marrige. we have never lived together.

    Janis’s Answer

    In Texas, it generally takes 61 days to get divorced. (Under a new state law that went into effect in September 2009, you can get the 61-day waiting period waived if you have a Protective Order in place due to domestic violence, but it doesn't sound like that is an issue in your case.) Also, if you are pregnant, you cannot get out of this marriage until the baby is born, even if the child is not your husband's child. So, in general, you could file for divorce and be divorced in around 61 days, so long as you are not pregnant. Good luck to you!

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  • What happens if I file for child support for my baby and his father decides to move to another state in order for him not to pay

    I'm planning on fileing for child support when my baby is born but his dad is from another country and he has said that he would move to another state what happens if he does do that

    Janis’s Answer

    I agree with both of the prior responses. Also, you should know that if he receives an income tax refund and is behind on his child support, the Texas Attorney General's office will intercept the tax refund for you each year, until he owes no child support arrearage.

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  • Child support after divorce

    Hi: My situation is this: I have been a stay at home dad for over three years and I am going through a divorce. For the past few months I have been searching for adequate work, but no good offers. I live in Austin right now and may have to leave t...

    Janis’s Answer

    Generally speaking, you will be ordered to pay 25% of your net income with wages calculated at minimum wage. Once you get a job, however, expect your ex to file for an adjustment in child support based upon your "real" wages.

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  • Personal Property in a Divorce

    I have some personal property that was gifted to me that my wife is insisting is joint property. I can get a notorized statement saying that the items were gifted to me and not joint property. Will this suffice?

    Janis’s Answer

    In general, yes. In Texas, everything that you acquire after you marry is community property, EXCEPT for thing that you inherit (either in a will or because you were next of kin) and things that were given to you as a gift. If you can get the person who gave you the gift to give you a sworn written statement that the item(s) was intended to be a gift only to you, that should suffice. In the event that you divorce, the property will not be divided, but will remain as your own separate property. Is the item income-producing? (Such as a rental house or stocks.) If so, the income from the property is community.

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