Archived
Can a suit affecting the parent-child relationship (SAPCR) be filed alone without a divorce petition in the state of Texas?
James's answer
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Answered on February 08, 2014
A SAPCR is a completely different suit than a a divorce. When a divorce is filed with children, the SAPCR usually gets combined with the divorce. ...
Archived
Must out-of-state Petitioner for uncontested, no child/no property Divorce be present at final court hearing in HarrisCtyDistCt?
James's answer
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Answered on February 08, 2014
Only one of the two spouses needs to be at the final court hearing to "prove up" the divorce.
Archived
Can I see my kids at my house with no visitation court order and no restraining order during a custody battle?
James's answer
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Answered on February 08, 2014
If she has an attorney, you should contact that lawyer (in writing) and request to see your children. Without court orders, your spouse does not...
Archived
If a homemaker of 29 years leaves the home, will that change her chances of acquiring assets/alimony in the event of a divorce?
James's answer
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Answered on February 08, 2014
With regards to spousal maintenance (alimony), the Family Code states that there is a presumption that a spouse NOT be awarded spousal maintenance...
Archived
Can I file for divorce but not appear in court without hiring a lawyer?
James's answer
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Answered on February 08, 2014
You can file, but either one of you can appear in court to "prove up" the divorce. You should tell your current spouse that Travis County has a...
Archived
What is the difference between attorney's fees being award as "debt" versus attorney's fees that are taxable as "costs?"
James's answer
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Answered on February 08, 2014
In a divorce, attorney's fees can be awarded as part of the division of the community estate or as costs. If the fees are awarded as a debt owed...
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Archived
What is your stand on the Defense of Marriage Act (DOMA) and why?
James's answer
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Answered on February 06, 2014
DOMA has recently been ruled unconstitutional
Archived
Counter petition in divorce
James's answer
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Answered on February 06, 2014
It depends on what you are asking for. If you request relief that is a surprise to the other side, then there may be a continuance. If it is a...
Archived
Do i still pay spousal support if my ex remarries
James's answer
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Answered on February 06, 2014
If it was statutory spousal maintenance, probably not. Your divorce decree should specify that the spousal maintenance goes away upon death,...
Archived
I have a geographical restriction for the state of Texas due to my boys and my divorce .. how can i get that lifted
James's answer
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Answered on February 06, 2014
It is very difficult to lift a geographic restriction. You will have to file a modification of the order and have a very compelling reason for...