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I was married Florida and shared my marital home in North Carolina....I live in Texas now and he still lives in North Carolina.
Brian's answer
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Answered on July 31, 2013
The safest thing to do is file for divorce in NC, since Texas may not have personal jurisdiction over him. You could file here if you meet the 6...
Archived
Since we have been married we have bought a rent house and an annunity. Are they community property?
Brian's answer
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Answered on July 31, 2013
Possibly. This is a complex area of the law. All property is presumed to be community property, so he will have to prove that it his separate...
Archived
Should I sign the "waiver of citation " it states that I give up all my legal rights ?
Brian's answer
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Answered on July 31, 2013
Absolutely not, never.
You are headed to a difficult custody battle, and you should be prepared for that. This is all about avoiding paying...
Archived
I am the custodial parent and I live in TX and I sent my son to FL to visit with his father (the non-custodial parent).
Brian's answer
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Answered on July 31, 2013
Unless there is a Court Order in TX or FL forbidding you, then you can take possession of your son at the end of his dad's possession time. If he...
Archived
Does an attorney need to draft a QDRO if we have an agreed-upon template?
Brian's answer
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Answered on July 30, 2013
You should try to use a template provided by the 401k administrator, if one exists. If not, you can try it yourself - but it is difficult and most...
Archived
Could you please provide assistance on the steps that need to be taken to file for divorce?
Brian's answer
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Answered on July 30, 2013
You start the divorce process by filing a Petition for Divorce. Nobody has to leave anywhere, without a Court Order. Typically, one of you will set...
Archived
Will I be responsible of child support, when I am not his biological parent and my name is not in his birth certificate?
Brian's answer
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Answered on July 30, 2013
No, you will have no legal obligation to support her child.
Archived
Am I allowed to take my son on an out of state vacation after initially filing for custody?
Brian's answer
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Answered on July 30, 2013
Only if there is a Court Order forbidding you to leave Texas. Some counties have that when you file.
Archived
What do i need to do to get cusyody of my 2 yr daughter?
Brian's answer
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Answered on July 30, 2013
There is no such thing as 'sole custody' or 'joint custody' in Texas. If you are talking about decision making authority, then the term is...
Archived
Is it legal for my soon to be ex's lawyer to lie to me?
Brian's answer
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Answered on July 29, 2013
Although an attorney is not supposed to lie to you, they also do not have a duty to you. Can you prove that they lied to you? Unless you have it in...