LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Shelby,

The property ac...ulated by the couple during the marriage will be divided according to the laws of the state where they live. It's not likely that adult children would be considered "entitled" to be given a vehicle, whether they were ever legally adopted or not.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husbands ex-wife is now going through a divorce. She has their 3 adult children living with them. In her divorce she is going to ask for the house and a vehicle for each of the "kids" since their stepdad has been gracious enough to let them each drive a vehicle the he owns. Since he never adopted the kids and they are not his is it likely they will get the vehicles?

-- Contributed by: Shelby

Penny,

Child support orders in Texas can be modified. I would suggest that you speak to an attorney who can give you advice for your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Could I request more child support if my expenses to take care of my children are more than the state required 25% of my husbands income?

-- Contributed by: penny

John,

The Court will have access to all the divorce papers filed with the Court Clerk's office. At the hearing, you can explain that the only issue that needs to be resolved involves the sale of the house.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

John,

The Court will have access to all the divorce papers filed with the Court Clerk's office. At the hearing, you can explain that the only issue that needs to be resolved involves the sale of the house.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have a court date in two weeks for a final judgement on a divorce. I have not signed a divorce decree because there are some issues about the sale of our home. Can her lawyer present the unsigned decree to the judge? What might be the issues involved?

-- Contributed by: John

Dawn,

To get and answer about whether the clause is enforceable and whether it is worth your while to do so, please contact a local attorney for help.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My ex-husband and I divorced 9 years ago and have one daughter. We had a college fund for her and after we divorced we dissolved it and each started our own. I have an email indicating that he had rolled his over to a 529 in her name. Our divorce decree stated "It is ordered and decreed that the parties shall jointly manage the College Fund that has been set up for the parties' minor child, and any shortfall shall be paid equally by both parties." She had a tough time her first semester and ended up failing. She ended up leaving that university and going to a trade school full time. My ex says since she left the university the divorce decree regarding his covering 50% is void. I'm not sure I can even follow that logic. However, is it enforceable?

-- Contributed by: Dawn

Yvette,

I would suggest that you check the divorce decree to see whether it includes a date for the transfer. This type of transaction must be planned carefully to deal with tax implications. Your lawyer can provide you with information for your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

How long does it take in Houston Texas to be awarded money (IRA's, 401k) from an ex-spouse after your Agreed Final Divorce Decree has been signed by each party and Judge?

-- Contributed by: Yvette Ribet

Rogelio,

This link will give you more information about divorce on the grounds of adultery in Texas.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Please guide me about divorce when my wifw commite adultery and my Daughter know this guy and she was leaving my daughters with some body else to go out and this guy stay at my house during my deployment.

-- Contributed by: Rogelio Paredes

Lydia,

If you have children, your husband has a legal obligation to support them. I would suggest that you make an appointment with an attorney for an initial consultation to get some advice for your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

i am deciding wether or not to get a divorce. My husband committed adultry. we have property a home but he wants nothing to do with it. I am staying there with our 2 kids and i pay the bills Can you give me advice on what can happenin court or what paperwork i should do?

-- Contributed by: LYDIA

Roger,

You have the option of filing for divorce where you live. This link will explain what the accepted grounds for divorce are in Texas: http://www.divorcesupport.com/divorce/Texas-Grounds-for-Divorce-750.html

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

If one has a foreign spouse with whom one visits for a few weeks per year, but refuses to come to the US or try, can a Texas marriage with the foreign (European) citizen be annulled or dissolved? There are no children or assets involved. Thanks

-- Contributed by: Roger

LaQuana,

You should have been served with the divorce papers. Please contact the court clerk's office again or have your lawyer do so. That way you will know what is happening with your file.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

If you did not know your husband file for a divorce and the court of clerk says he did not file. Then you find out it was file and there is a hearing but they can't tell you when the hear is so you can appear what do you do?

-- Contributed by: LaQuana

Leian,

If the other party won't sign the papers, then you will need to get the matter put on a list for a hearing.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

If the other party will not sign the papers and waiver of citation... I am in texas and she is in west virginia, she has been gone for almost 2 years, is there any other way to obtain a divorce, rather than the conventional going to court thing? she is just being herself.

-- Contributed by: Leian

JRC:

This link may help to answer your questions about collaborative divorce. Your lawyer can advise you about which kind of petition makes the most sense in your situation.

http://www.attorney-mediator.com/collaborative_divorce.shtml

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Why is the cost for mediation so expensive? Mediation was introduced to alleviate most cases go before a judge and/or a jury, but from what I hear, the court appointed mediators are getting rich off of unsuspecting people that don't know the rules. I believe mediation is a big mistake.

-- Contributed by: Tracey

Entering a collaborative divorce, does it make strategic sense to file an individual petition as opposed to a joint petition, on the chance that the collaborative process fails and we end up in court?

-- Contributed by: JRC

Danny,

Your wife's coverage will likely end once the divorce is final. Please consult with an attorney to get advice about your situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I'm divorcing my wife. Do I have to keep her on my health insurance until the divorce is final?

-- Contributed by: Danny

Darrell,

The issue is likely one of who owned the policy. I would suggest that you consult with a lawyer to see what legal action, if any, can be taken in this situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

A life insurance policy was discovered after the divorce decree. The policy was in husband's name but premiums were paid from community funds for years. After the divorce, husband married another woman and changed the beneficiary to her. He died within a month.

Are life insurance policies a part of community property?

-- Contributed by: Darrell

Maria,

Please contact the Court Clerk's office in the county where you are planning on filing for divorce to ask whether they can provide you with forms. If not, they should be able to tell you where to get forms. This LTK article may be able to help you as well:

http://divorce.lovetoknow.com/Divorce_Forms

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

i would like to recieve the paper work to file for a divorce myself.could you please help me

-- Contributed by: maria session

Jon,

The issue is with the houses you are going to sell has to do with whether you owned them before you were married or not. If you bought them during the marriage, they are community property and subject to division by the Court. However, just because the houses are a marital asset to be divided doesn't necessarily mean that they will be divided equally.

It's possible that your ex wife is trying to get to you by making statements that are inaccurate. I would suggest that you ask your lawyer to explain to you how the marital property is likely to be divided in your particular situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I am and Investment banker and going through a divorce. My ex wife is saying that I am going to have to give her 50% of the houses that I am about to sell. We have the final hearing in may and I am just really confused on how I have to pay her 50% of the investment property since it is for business purposes not just personal money.

-- Contributed by: Jon

Cindy,

I would suggest that you see a lawyer to get some advice before you agree to leave the house or anything else your husband is asking you to do at this point.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

what if a husband has admitted to being in love with another woman but insists that I leave and he's not moving out...

-- Contributed by: cindy

Patricia,

Before you can make a decision about whether it is worth pursuing this matter, you need to gather some information first. I would consult with a lawyer, since you have an agreement in place regarding your mortgage. You may also want to consult with an accountant regarding your tax situation. At that point, you can weigh your options (and the cost) to decide the best course of action for you.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My exspouse has not upheld in part, agreements made on refinancing our mortgage, thus my name was removed from the title and not the mortgage loan. Also he had all of the information to file our last married joint tax return and then refused to file and or give me the information to file married separate. He did finally file late 2006 for the 2004 return and then forged my signature! The divorce that was settled in March 2005 was to be amicable division of property and assets, no child. What can I do primarily about the mortgage, it is affecting my credit to debt ratio. Again he signed the 2004 tax filing and has refused to give me a copy of the 2004 tax return and I contacted the IRS once by phone requesting a copy of the 2004 filing and now have sent via fax a 4506-T form for a copy to be mailed out to my current address. What can I do to pursue his cooperation in these manners and is it worth my time and money?

-- Contributed by: Patricia Lewis
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