Skip to main content
Hilton K. Moore

Hilton Moore’s Answers

66 total

  • Is it legal for my husband to ignore my petition for divorce for 12 months, then turn around and file papers on me demanding all

    used a constable to serve my husband with divorce papers A year ago. He was legally served and decided not to sign them and turn back in to the court. We have two kids 10 and 1. My son, 10 boy is back living with his father because he he killed...

    Hilton’s Answer

    If you had him properly served, and he refused to file an Answer, you could have tried to go forward on a default. I'm not sure why that didn't happen, but if it didn't, then after a period of time, the clerk's office will dismiss Petitions for inaction.
    So, he can then file against you. But, you can counter-file, and ask for all the same things you did the first time. But, given what you'd said, you'll have to move quickly.

    See question 
  • Can I add an attorney retained to my case about 5 months after my wife filed for divorce?

    My wife filed for divorce in Williamson County on 4/1/2016. She gave me a waiver instead of officially serving me. The waiver did not waive any of my rights to the case, so I signed it and returned it to her attorney. During this process, she kept...

    Hilton’s Answer

    The answer to both of your questions is yes.

    An attorney can file an "appearance of counsel", adding themselves into the case your representative.

    You can counter-file for fault if you wish. Talk to a local attorney about the merits of doing so.

    See question 
  • What can I do to stop my EX from nullifying our divorce decree?

    My EX wants the divorce decree nullified so he can pay less child support as he had previously overestimated his pay. My biggest issue is I am remarried. How is that fair? My new marriage is voided if my divorce is over turned. I have no issue...

    Hilton’s Answer

    I agree that it would likely be a modification, not an overturning of the Decree. And, if a judge were to consider reopening the Decree, they don't necessarily have to overturn the granting of the divorce. So, I don't think that's a concern for you. But, as Mr. Baker said, if he actually files anything, hire local counsel as soon as possible.

    See question 
  • How do i go about filing for a devoice

    my spouse and have been married for 9years...4 years ago he abandoned me and our daughter..we live in separate states now....i need advise in filing for a divorce

    Hilton’s Answer

    Assuming you mean the jurisdictional requirements of the county you live in now, you will want to file the divorce in that county. You'll then need to "serve" him, which means to officially notify him of the filing and the deadlines for him filing a response. Confer with an attorney in your county about how to get some help doing all this.

    See question 
  • How to settle house in divorce?

    Would like to get a divorce. No children no other property in dispute but the house. Currently spouse living in house for past 5yrs since seperation. What is process for buyout?

    Hilton’s Answer

    Generally speaking, and depending on amount of equity in the house, you're looking at either one side buying out the other, or the house being sold and proceeds being split. Buying out the other side, if there are no other assets to offset the equity, can be tricky. The buying spouse may be able to get an equity loan, but that can depend on the value and current loan. They may have access to non-marital funds, such as through family, that can help.
    There's also the question of buying out at what value? If the parties can agree to a value, or the use of a neutral appraiser, that's great. But sometimes the road gets bumpy...

    See question 
  • Can I finalize my divorce (in TX) without my spouse's consent if my spouse filed a waiver of service and 20 days have passed?

    In Feb, 2016 I found out my wife was having an affair. I filed an original petition in March, 2016. Since then, my wife moved into an apartment, and had her boyfriend move in with her. We agreed to complete the divorce pro se. My wife has d...

    Hilton’s Answer

    A Waiver is an Appearance in the case, so you cannot go forward on a default basis. The Waiver satisfies the Answer within 20 days requirement.
    I recommend you get an attorney. It sounds like you had her served (because you reference the 20 day deadline), but she signed a Waiver (which is a document usually used if you're trying to avoid having someone served), so it sounds like y'all may have gone a little astray with the procedural steps already. And that's going to be a problem when it comes time to finalize this.
    And, I agree with the previous poster that cohabitation may give you an argument about spousal support, assuming it's properly presented.

    See question 
  • Is there a statute of limitations for a divorce in Texas?

    My husband and I both signed a decree and filled it with his attorney. He was supposed to contact his attorney with the go ahead to proceed to the judge to get it signed, but it's now just sitting on it and ignoring the situation. We agreed on our...

    Hilton’s Answer

    You need an attorney. They will ask you several questions which will help clarify this. If you signed something binding as to the divorce terms, then you might need a Motion to Enter, to force the issue of getting it signed and finalized by a judge. If you did not sign something binding, then you just have a divorce is progress, and you may need to push the ball forward, if your husband and his attorney will not.
    It's not an issue of statute of limitations. If a filing becomes old, the clerk's office can seek to dismiss is for age and inaction, but it can always be refiled, so that's not your concern.
    Get a lawyer and seek to move the case forward. You would have all the same tools that he does for doing so.

    See question 
  • What are the steps to divorce my husband? I'm a stay at home mom with two kids under two.

    I am 28 & a stay at home mom with two young children. My marriage isn't working. It's unhealthy for me & my kids. I have no friends or family to help me in my situation. What if he won't let me divorce him? In example, since my husband is the inco...

    Hilton’s Answer

    A lot to respond to here. You need to consult with an attorney away. If there are funds available, they're likely community funds, so you have a right to ask a court for access to them to make sure you also have an attorney in this process.
    Also, as stated before, depending on factors such as the length of the marriage, you may be eligible to ask for spousal support, to help you get back on your feet.
    If he will not agree to these things, you will need an attorney to set a Temporary Orders hearing to insist on such assistance.

    See question 
  • Should I sign the divorce papers I got served if there is some false allegations?

    Not all of it is false, I've made mistakes. But what isn't true is I have "a history of family abuse" I have a 9 month old son that I have never physically or emotionally hurt and I never would. He's my best friend and she has kept him from me for...

    Hilton’s Answer

    You need an attorney, and fast. You can't "make" her change her pleading, but you can ask for a Temporary Orders hearing to present your case, and to ask for some reasonable access to the child. If you're going to hire an attorney, don't sign any Waiver (if that's what you're being asked to sign). If you've been served with the papers, then time is of the essence. Get good counsel right away. Don't sign anything without having it reviewed by them.

    See question 
  • My husband and I want to separate now and divorce a few years later

    What's the best way we can do to protect each of us? Can we do it by ourselves or do we need lawyers? Will it be protected if we write down which year we will file for divorce? Thanks!

    Hilton’s Answer

    For property issues, a properly drafted Separation Agreement will help in this situation. I would strongly suggest getting a lawyer to help you do it, as in improperly done one will cause more troubles than it solves.
    If you have children - that's more complicated. Even if you did an agreement about future children's provisions, that could be overridden by a court based on the children's best interest at that time.

    See question