We are thinking about going through the mediation process before actually filing an Original Petition for Divorce with the court or hiring attorneys. Does this count toward your mediation requirement for Texas divorces if you do it before filing ...
A judge in Texas can send you to mediation as often as the judge wants. Normally it's only one or two times unless the case is extremely complex.
I prefer to mediation AFTER filing. If an agreement is reached, then I can e-file the Mediated Settlement Agreement or Impasse to the court.
I have done pre-litigation mediation but it cannot be e-filed since no lawsuit has been filed.
So far none of my pre-divorce mediations have been contested later. However, without legal counsel and mediating pre-litigation I think that a judge might order a second session of mediation. But to my knowledge it has not come up.
In one nasty case I was on years ago, on Friday we reached settlement and by Monday the parent showed up to court stoned. So the MSA was entered. The attorneys then approached the judge and an emergency modification was granted by the judge. Of course, this case involved a little baby and the parent was on serious drugs and behaved badly (totally stoned) in the courtroom.See question
I have been paying child support for my two kids (~$2000). I fear I will be losing my job next week. What can I do with the child Support Modification? Will the court stop the child support payments? If not, then reduce to how much? In how ma...
The court won't eliminate c s. The best would be minimum wage child support. If you are purposely under employed then no reduction. You will need to be actively looking for a new job. You need to talk to a lawyer asap.See question
I been with this man for 11 yrs he is71 yrs old he is staying in that common law married because he said he is to old to start over he loves me he takes care of me and my children and grandchildren my grandchildren call him pa pa I went a lots of ...
If he has included you in his will then you will get something unless his wife objects.
If he has transferred anything into you name (property, car, bank accounts, retirement) his wife might object and there will be a lawsuit.
As the other attorney pointed out, there are no rights in Texas for a mistress.
I would suggest that you immediately talk to a family law attorney in your county (look on this website) and see if his common law marriage might be invalid. Of course, I assume if he has any money that his wife is going to vigorously object to you receiving a penny.
You can only be married to one person at a time in Texas so if his current marriage is valid then you are probably going to get nothing.See question
I ned heelp vith child costody
If you are in a shelter many can assist you with finding a pro bono (free) attorney.
You might call Houston Volunteer Lawyers, Lone Star Legal or South Texas College of Law for one of their legal students supervised by attorneys to help you.
If you cannot provide a safe environment for your child and you cannot support yourself and the child, then I suspect that you will lose custody. Please try to find employment and find a place that is safe to live for you and your child.
You will not be punished for being poor but you need to have a clean safe place for the child.
Good luck!See question
I've gone through a divorce and I don't want to go back using my maiden name. Just brings a lot of negative memories. I would love to change my last name and use my great grandmother's last name. Is it a very long process to do that? Do I have to ...
There are forms on www.texaslawhelp.org for an adult name change.
If you cannot figure it out, then hire an attorney to help you.
Yes, you have to appear before court and under oath ask the judge for a name change.See question
We live in Texas getting marriage license in Las Vegas. I want to know if this is legal binding marriage and recognized in the state we reside in. Thank you.
A valid marriage in Vegas is valid in Texas.See question
My car is not running so well and I feel like it will be best to change it soon. I can wait a couple of months i think but still need to know what my options are. Only final hearing is left for our divorce case. Husband is not cooperative at all. ...
If possible wait. Your statement that he's not cooperating as a it all.
If You get a new car don't have any equity.See question
He is considering a divorce said I am not entitled to anything I understand in TX once money is comingled I am entitled to half from beginning of marriage
It's impossible to answer your question without a lot more info.
You need to meet with a family law attorney in your county to discuss the details in person.
You have been married 14 years so you might be entitled to spousal support.See question
I am meeting with petitioner's lawyer to sign waiver of service and affidavit promising temporary support for three years, I'm retired, she's working. I'm asked to get out in 30 days after final decree.
I would definitely meet with an attorney BEFORE signing a Waiver.
If the attorney does it properly, you will waive all of your rights and then the attorney can put whatever he/she wants in the decree. So she could get 100% of all the community property and make spousal support for a lifetime. Scared yet?
I just had a friend call me after signing a Waiver and now the attorney for Petitioner has not done 1 thing that they agreed to do. I sent him to an attorney immediately - he's paying a huge price for hiring an attorney now that the barn door is almost shut!
You can look on this site and hire an attorney in your area.See question
I'm fixing to enter my second marriage without a prenump. I want to know if my home & my investments are safe in the event of another failed marriage and not considered community property?
Before you marry I would sit down with a family law attorney in Plano and discuss.
The burden is not to co-mingle anything. That means no joint accounts, etc. Also, don't re-finance the house to be safe.
On the date you marry, you need to have a complete list of everything you own and owe. That is your separate property.
If you divorce, the burden is on you to show that the assets and debts before marriage are yours or hers.
Of course, your spouse can attempt to re-but this and show co-mingling of assets that can covert them into community funds.
If you truly want to remain safe, then live like you are not married. No joint anything and file your taxes as married filing separate.
You should talk to an attorney about issues regarding dividends and interest.
You also need a will specifying who gets what in the event of your death.
As you can see, you truly need to sit down with an attorney BEFORE the wedding.See question