Real Divorce Questions & Answers From Brian McNamara

Divorce Questions and Answers from Brian McNamara, Divorce & Family Law Attorney – Humble, Atascocita, Kingwood and surrounding areas.

There are many people that have real divorce questions and I’ve taken the opportunity to answer them on AVVO. Here you will find some answers to questions about child support, property involved with divorce, divorce decrees, leaving the state, child custody and much more.

Question: Can I as a grandparent get an order of protection for my granddaughter against the mother? Do I have to show proof?
Answer: Consult a lawyer. You have options because you have physical possession of the child. If you release her to her mother, you have a short time to file with the courts. Do not attempt this yourself. If your son and the rest of your family is concerned, take a collection and hire a lawyer.

Question: What can I do to protect my stuff in an apartment I share with a soon to be ex?
Answer: Move your stuff. If you have nowhere, paying for storage is cheaper than replacing it.

Question: Do I need to get a legal divorce to split with my partner if we are not legally married but filed joint taxes – no kids.
Answer: See a lawyer. If your marriage was valid where conducted, you’re married in Texas. If not, you’re likely informally married (common law).

Question: What is the difference between a common law marriage and a formal marriage in Texas?
Answer: There’s no legal difference. You just don’t have a ceremony. Like any marriage, it ends only by death, divorce or annulment.

Question: Can an attorney who has 20 years experience but not with the bar anymore not licensed draw a postnuptial agreement
Answer: The attorney might be breaking the law but that does not affect the validity of the agreement. If it’s written and signed correctly, it’s still valid.

Question: Can the father of my child make me send our daughter to private school?
Answer: If the OAG order allows you to make educational decisions after consulting dad, consult him, then decide what school your child attends.

Question: Can my ex sue me for alimony claiming common law marriage in Texas?
Answer: For a Texas informal marriage (“common law”), you must live together as husband & wife in Texas, have an agreement that you are married, and generally represent yourselves as married. If you never said you were married and never signed anything as spouses, you should prevail if he files. Sometimes, people file joint tax returns to save money and tell the I.R.S. they are married. That does not mean you automatically lose, but it makes winning harder. Proceed with eviction. If your boyfriend sues for divorce, hire a lawyer. Don’t try to do it yourself.

Question: How can I get a spousal support from my husband if we don’t have kids?
Answer: A judge can order him to pay support after you file for divorce. You need not wait until the divorce is final. A judge may order it after the divorce is final, but that’s harder to get. If you don’t want divorce, a judge can order child support. The law does not require an attorney but you should have one.

Question: What happens if a spouse lives with you files and doesn’t tell you and you receive a post card from the clerks office?
Answer: See a lawyer. If you don’t, log on to your county’s district clerk’s website and search the cause number on the postcard. Your spouse might have filed for divorce without telling you. People have attempted to file forged documents pretending the spouse was served our answered.

Question: Can we move?
Answer: If you move without modifying the order, mom could seek an order to have the boy turned over to her if she’s in the county. Best to move to modify and serve her. Learning her address is necessary because 1) if she’s not living in the restricted area the order probably allows y’all to move and 2) if she’s not, you must serve her. Alternative service is hard to get permission for and makes it easier for her to modify again. Requesting alternative service could result in an ad Litem attorney appointed to look for the ex, and y’all pay the ad Litem. Best to find her.

Question: Can my ex wife refuse to let my youngest daughter come to my oldest daughter’s wedding?
Answer: If the current order was issued in Harris Co. The only option is to change the wedding date. In a smaller county, you might get a judge to sign an emergency order allowing her to attend the wedding but even that’s unlikely.

Question: My wife asking for a divorce . Can we legally get divorced in Texas if we were married in Senegal and came under a DV lottery
Answer: You may divorce in Texas. Your community property will be divided. Neither of you will get everything. You will each spend time with your children. Nobody will be denied access to the children. Consult a lawyer to discuss details.

Question: Looking for an experienced divorce attorney for father side?
Answer: The rules prohibit soliciting business here so I don’t know what can be said. I have practiced family law in Harris Co. since 1992 and can definitely help you. We offer consultations in person, by phone and videoconference. Www.McnamaraLawyers.com

Question: What does it mean when it states that I am divested of all right, title, and interests, and claim and to that property?
Answer: That language means you get none of what the language applies to. If it says you are divested… in and to his retirement, you get none. A court may undo a divorce decree only for 30 days after the judge signed it. If you’re within that 30 days, see a lawyer tomorrow!! Do not delay. A motion must be filed before the 30th day after the judge signed the decree.

Question: I had property before I got married I want to add my wife to the deed?
Answer: First, decide if you want to convert the property to community or give your spouse a specific percent ownership. Then have a lawyer who knows how write you a deed. It must specify whether you are gifting her a percentage or converting it to community property. Converting to community requires specific statutory language.

Question: Would a sworn affidavit by the child in the middle of a custody dispute be advisable?
Answer: Do not ask your son to sign anything or involve him. The judge can appoint a lawyer to represent your son &/or interview your son privately. You need a lawyer for a custody case. This should not be done alone. The lawyer will advise about the options. The case is filed so now you must defend it regardless of whether your son regrets his statements.

Question: When my ex partner doesn’t come pick up our child on their date to have them, do they forfeit there weekend?
Answer: You are not required to sit around waiting all weekend for the child to be picked up. The law is unclear whether the right to possession is forfeited. If the other parent does not get the child, do what you planned that weekend or holiday, and when the other parent is ready to get the child, tell them where the child is so they can get her there. For example, if you planned a weekend in San Antonio and the other parent doesn’t pick the child up, take her with you. When other parent calls, tell them she’s at the Riverwalk and that’s where they can get her.

Question: What does AGREED JUDGMENT, ORDER SIGNED mean in “Judgment For” section and Disposed (Final) in the “Case (Cause) Status” section
Answer: The judge signed your agreed decree. You may order a certified copy.

Question: Can CP move out of geographic restriction with the child if NCP is constantly working out of state?
Answer: The usual language says that if AT THE TIME CP WISHES TO CHANGE THE CHILD’S RESIDENCE, NCP does not reside within the restricted area, the child’s residence may be changed. Whether NCP resides in the restricted area may be a fact question to be decided by a court. Confirm the actual language of your order. Remember, a court may modify a decree to require the child be returned even if the NCP resides out of the restricted area but if NCP does not visit child much, modification of the restricted area is less likely.

Question: Can an unmarried mother move her child to a different city in Texas without fathers consent?
Answer: If there is no court order about your child, you may move anywhere. But, the child’s father may seek an order compelling the child’s return to Houston. Whether that is granted depends on dad’s involvement with the child, whether the child benefits from the move, and the judge you’re assigned to.

Question: What can i do legally?
Answer: Unfortunately, your choices are seek a divorce, live with your husband, or live separately. Living with him or separately will not undo what he has done. The only way to do that is with a temporary order in a divorce. For this you need an attorney.

Question: Do i have to switch a weekend with my ex because he got scheduled to work?
Answer: You may insist on following the visitation schedule in the court order but remember you might want the dad to switch with you later, so be reasonable. But, the dad may not choose when he sees the kid. You can insist on following the order. You are also not his free babysitter and are not required to wait all weekend for him to get the kids. If he doesn’t pick up when he’s supposed to, you need not sit at home waiting for him. Good Luck!

Question: Can a man who is separated for 13 years still be married to his ex after he went to jail cause of infidelity?
Answer: If your boyfriend married his ex and no divorce decree was signed, he is still married. To divorce, he must file a petition, serve his ex, and get a divorce decree signed by a judge. He will need a lawyer.

Question: Can I buy a house as a sole property in Texas?
Answer: You need 2 things: 1) The deed must be clear that you are acquiring the house as your separate property and 2) a postnuptial agreement signed by your spouse that confirms the house is your separate property. Get a lawyer for this. It costs more to try to fix bad docs than to write them correctly. If the docs are wrong, the property will be community.

Question: My wife and I are both US citizens settled overseas for more than a decade. How do we get a divorce?
Answer: You get divorced where you live. U.S. states have residency requirements and you probably don’t meet them. If you are dividing U.S. retirement, get a U.S. lawyer involved before finalize the foreign divorce.

Question: Does post-nup agreement work?
Answer: If the postnup was properly prepared and executed it’s likely enforceable. TX law makes it difficult to set aside a properly prepared and executed marital agreement. The details of the terms of the postnup and how it was signed must be considered.

Question: Hearing before signing order for drug screen?
Answer: If your case is active, file a motion for drug testing, set it for hearing, give notice to the other side’s lawyer or the person if they have no lawyer, bring your evidence to the hearing and a proposed order for immediate drug testing. Ask the clerk if the court has its own preferred order.

Question: HOW TO ADD MY WIFE TO QUIT DEED?
Answer: You need a deed prepared by a lawyer because it depends on when you bought the house, what funds were used, and what’s on the current deed.

Question: Can ex spouse claim property given to you in TX divorce decree saying he paid the taxes so now its his?
Answer: The deed and divorce decree count, not who paid the taxes, unless your ex bought it at a foreclosure sale. Just paying taxes does not change ownership, Best you see a lawyer, and bring your divorce decree and property documents if you have them. If not, the lawyer can look them up.

Question: What are my options to challenge / stay a Temporary Order re Child Custody + support?
Answer: Your situation is too complex to answer here. Temporary orders do not automatically become final. Mediation and trial will occur before the final order is issued. If an agreement is signed at mediation there will be no trial. You can move for a new temporary order now. Whatever your small business is, you probably do it better than others. Likewise, this is complicated and you need an attorney. Minimally, pay for a consultation to get detailed advice about your options. Good Luck!

Question: Divorce. Can I keep the house?
Answer: You need not move. He can’t make you. The house is community property and he cannot sell without your signature or a judge’s order. Hire a lawyer.

Question: In Texas, can a post-nup agreement stipulate terms within the marriage, not just division of assets/liabilities upon divorce?
Answer: A postnup or “partition & exchange agreement” can divide all community property to separate and characterize future assets & earnings as separate. Each spouse will have their own separate property. It can shield you from your spouse’s debts, but doesn’t stop him from asking for money after his is spent. You may refuse.

Question: Does my daughter still have to go with her dad?
Answer: See a lawyer about modifying the current court order. You may not unilaterally decide to disregard it, but might take that risk if a motion to modify is filed to modify the decree.

Question: I need to have a court appointed Amicus Attorney Removed?
Answer: You may file a motion to remove amicus attorney and set it for hearing or submission, depending on the court. You need evidence the amicus is not doing her job. Not liking the amicus’ opinion is insufficient. If you’re successful, you might get a new amicus, who must be paid. The court may order the current amicus to refund money already paid, but it’s uncommon. Be prepared to pay a new amicus if you get what you’re asking for.

Question: Can I get married to someone if still married to someone that I have separated from 20 years in Texas?
Answer: You’re married until you divorce or a spouse dies. Your spouse probably also wants a divorce so it could be easy.

Question: My boyfriend changed the locks to the house both our name is on. Can he do that as my things are still in there.?
Answer: You may enter the house, either to move in or remove your possessions. That might take a locksmith or just climb through a window. Nobody can assure your safety if you do that so think carefully. There’s a lot here so see a lawyer. You have children and joint accounts. Those are too involved to answer here.

Question: If a couple have a religious prenup called a “Mahr” or aka“Nikkah” and they did not consummate the marriage how does it work?
Answer: A lawyer familiar with Texas prenups must review the agreement to answer your questions. Usually, consummation has no impact on the agreement’s validity unless it’s written in the agreement. Many lawyers misunderstand the requirements for a valid texas prenup. They are minimal, but the agreement must be reviewed to determine if it meets the requirements. if you’re getting divorced, see a lawyer!

Question: Can my wife kick me out and change the locks on the house if the house was hers before we got married?
Answer: Your wife may change the locks and you may have a locksmith drill them out. There’s nothing prohibiting her changing the locks or you re-entering the property. Whether that’s wise depends on the circumstances. Sometimes, after re-entering, a man ends up being arrested on a charge of domestic violence. Even if fabricated, the cost to defend it is more than a hotel. It might be best to move on.

Question: Is property received as a gift from inheritance considered community property in Texas?
Answer: As long as you can prove the property was gifted to you only and it still exists, it’s separate property. The difficulty is usually proving it was a gift and that it still exists or tracing it to an existing asset.

Question: Can a 12 year old date a 19 year old?
Answer: No. It’s a crime and the guy Question: Can go to jail. It’s also foolQuestion: Ish. A 19 year old who dates a 12 year old Question: Is emotionally or mentally unstable.

Question: How do I get a Protective Order overturned?
Answer: You went to court without a lawyer. The Judge might also grant a protective order against your husband if you apply for one. Get a lawyer. You might still have time to request a new trial of the protective order but the deadline is short so see a lawyer tomorrow.

Question: What happens if I fire my attorney during divorce proceedings?
Answer: You either get a new lawyer or represent yourself. It’s not unusual to change lawyers in a divorce. Don’t represent yourself! Have a lawyer, whether the one you have or a new one. Good Luck!

Question: I got married in las vegas. Question: Is it legal in texas?
Answer: Congratulations on the engagement. If the marriage was legal where it was performed, Texas recognizes it, including Nevada. You Question: Cannot remarry until that marriage ends. More info Question: Is needed to dQuestion: Iscuss options so talk to a lawyer. You will need to know the whereabouts of your spouse.

Question: How do I prevent my ex wife from breaking our joint custody decree by giving my son a flu vaccine without my consent?
Answer: It depends on your most recent court order about your son. If it requires you both agree, a letter can be sent reminding your ex-wife and telling her the penalties for violating the order. If she ignores it, you may enforce it by contempt. Depending on the overall circumstances, you might have a basQuestion: Is to request a modification of the rights, including the right to designate your son’s primary residence and receive child support (custody). See a lawyer about writing the letter and your options if it’s ignored.

Question: How to go about this?
Answer: The court order probably gives a parent the right to designate your primary residence. Whoever that is can designate your aunt’s house but that if the other parent doesn’t agree it could be a basis to modify the current order and change primary conservatorship. Whichever parent wants to enroll you in school should consult a lawyer. Ask the school what else they need besides the designation of residence.

Question: Can I divorce in the US if I was married in France. The marriage has been recognized in the US for more than 12 years.
Answer: Yes. As long as your marriage was valid where performed and one of you has lived in Texas six months & the county in which you file for at least 90 days you may seek a divorce. You might have issues of jurisdiction over your spouse if she does not live in Texas. See a lawyer about that.

Question: I’ve been separated for approx 10 months and want a divorce, but do not want to lose my house. My wife is the reason for divorc?
Answer: You have a common concern, and there’s no way to answer it yet. The community estate will be divided in a just and right manner, usually 50/50 or close to it. If your spouse is at fault in the marriage ending, you can be favored in the property division, but other factors also affect it. It’s common for one spouse to keep the house and the other to get assets close to the same value, e.g. retirement or savings funds. See a lawyer about your options. This does not obligate you to seek a divorce, but you should know what’s involved and possible outcomes. Good Luck!

Question: How do I get a Quad Dro Pro (?) attorney to obtain funds from a settlement?
Answer: Most family law attorneys can do a QDRO. It’s usually part of the divorce. We are not allowed to solicit on here so check the internet for a family law attorney near you and call them.

Question: What happens after filing a special warranty deed is filed for property title transfer after a divorce?
Answer: You’re changing ownership in real estate without involving a professional. That is like selling a house without a realtor or title co., and unwise. Fixing this often costs more than doing right initially. Your spouse should sign a special warranty deed, not a quitclaim. That transfers title, but has no effect on the mortgage. If your spouse is on the mortgage, that will not be changed by signing a deed. The spouse will remain liable.

Question: What will need to be the outcome if I am separating from my husband of 8 years ?
Answer: You will get nothing if you don’t have a lawyer. There is no automatic divorce. A petition for divorce must be filed with the county clerk and the case must be prosecuted by an attorney. Consult a lawyer about Texas law and what to expect. Nothing is automatic in divorce.

Question: What are the major factors when a judge is deciding on granting a Protective Order hearing?
Answer: If you’re the respondent you need a lawyer. The outcome depends on the judge. The law requires a finding that family or dating violence has occurred and is likely to occur in the future. Violence is broadly defined, but the usual tension and arguing about divorce typically do not fit the definition. Whether it’s likely to occur depends on the circumstances of the violence and the judge. Some are more easily convinced that once the parties are apart they will leave each other alone. Others err on the side of caution and grant the order more easily. If there has been stalking or violence after separation, it’s more likely the order will be granted.

Question: How do i go about getting a common law divorce?
Answer: Texas has no common law divorce. You remain married until you divorce. Community property continues to accrue until divorce. Because you have 5 children, see a lawyer about a divorce and child support. If you can’t afford a lawyer, the Office of the Attorney General can set up child support, but you will remain married, and cannot legally remarry.

Question: Ex refused sign QuitClaim when we divorced 26 yrs ago & still does. I paid off home. What can I do to remove name fr title?
Answer: The deed might have enough to convey the title. If so, it can be recorded as a deed. If not, you must sue your ex or pay him to sign the quitclaim. He can only be sued if the decree awards you the property. First, have a lawyer read the decree to advise if it can be recorded or you can sue your ex.

Question: My Ex failed to show up for Summer Possession. What next?
Answer: A lawyer must look at your specific order to answer this. Under the SPO it’s unclear whether he gets them on the 1st, 3rd & 5th weekend in July. If the children are available on the requested weekends, let them go. If other plans were made based on his May email, tell him they’re unavailable. Family code 153.312 says their father “shall have possession” for the month of July, not the right to possession. If he doesn’t pick them up, there’s nothing that says he gets weekends, and nothing says he doesn’t. Except, you may assume he will have them the month of July and make plans. If you now take the children with you based on the assumption he would have them for July, they don’t have to be available on the weekends. The bottom line is if the children are available on the 1st, 3rd &/or 5th weekend, let them go. If they’re not because other plans were made, you’ll be fine based on his May email that he would not take them in July. Good Luck! Happy 4th of July!

Question: If I know I have a Contempt Docket scheduled for July 7th and I have not been served do I need to go to court?
Answer: If you have not been served with the contempt pleading you need not appear in court. Some Harris County courts are partially open, most are conducting Zoom hearings. Check the website of the court your case is in. You need a lawyer. Contempt can lead to jail and modification can reduce your time with your child(ren) and affect child support.

Question: How long can I have my child back?
Answer: You must speak with a lawyer this week! A lawyer has to see what you signed and can then advise how to get your son.

Question: How can my ex live outside the geographic restriction area with my daughter ?
Answer: You can file a motion to enforce the decree by contempt. Depending on your circumstances, a motion to change primary residence to you (custody) might be appropriate. A letter from a lawyer might be a good first step. Sometimes, the situation is so difficult that we know a letter will make no difference, and one or both motions is immediately filed.

Question: Can ex husband refuse to give the name of the therapist he is taking child do?
Answer: Your divorce decree probably includes a requirement to notify each other of significant information about your child’s health. If the child’s father won’t disclose the information you can ask a court to hold him in contempt and give you the right to consent to assessment and therapy.

Question: How do I get an amicus for my family law case?
Answer: An amicus is appointed by court order. The order can be agreed by the lawyers or issued by the judge after a hearing. You can move for an amicus without any other other hearing. A certificate of conference must be attached that you or your lawyer conferred with the other lawyer or party. Then, at a hearing the judge decides if an amicus is appropriate and, if so, appoints one. It will cost you between $1,500 and $2,500 as a deposit to the amicus and probably the same from the other party. Rarely, a judge might order the party requesting an amicus to pay 100% of the fee deposit. Most commonly it’s split evenly. The first step is for the lawyers to see if they agree on an amicus.

Question: Can I get an annulment?
Answer: If you both agree: 1. You were under the influence of drugs when you married; 2. You did not live together after the marriage; and 3. you may proceed in Texas, then you can get annulled in Texas.

Question: Texas Family Code§ 6.105. Under Influence of Alcohol or Narcotics:?
Answer: The court may grant an annulment of a marriage to a party to the marriage if:
(1) at the time of the marriage the petitioner was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage; and
(2) the petitioner has not voluntarily cohabited with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended.

Question: What do I need to paternity??
Answer: You need a lawyer what the child lives.

Question: Post divorce force sale of property?
Answer: You have to file an enforcement under Tex. Fam. Code Ch. 9. The outcome depends on your divorce decree. Some decrees say what happens if a party refuses to list or sell it. If yours does not, the Judge can let you list & sell it, or appoint a receiver to do so. A receiver is expensive & gets paid at closing before the money is divided. Attorney’s fees can be awarded under chapter 9. It’s best to have a lawyer look at your decree and advise about your specific situation.

Question: If I write a letter stating I want to relinquish my Parental rights, would I lose them forever?
Answer: Don’t write any such letter. It does not benefit you and will be used against you.

Question: Am I financially obligated?
Answer: If the divorce decree does not require you to pay some of the repair cost you don’t owe it. If you have already deeded the house to your former spouse, ignore his request. If you still have an interest in the house you don’t want a lien so should investigate further. It could depend on whether your ex already paid for the repair. But, if your ex now owns the house, ignore him.

Question: What are my right as a common law wife in Texas?
Answer: If your marriage was legal where it was performed you are probably married. If not, you are common law married if you lived together as spouses in Texas and generally represented yourselves to others as being married. In either case, you have the same rights as any other spouse. Everything acquired during the marriage is presumed to be community until proven otherwise. Community property is divided. There is no automatic 50/50 in Texas. You should consult a lawyer about specific pieces of property, what exactly is community or separate, and whether you can expect more than 50% of the community estate.

Question: What rights do I have as a common law wife in Texas?
Answer: From the day the common law marriage started you have the same rights as any other spouse. The common law marriage began when you were living together in Texas as spouses and generally representing to the public that you were married. Everything acquired by either of you during the marriage is initially considered community property. Consult a lawyer about what exactly is yall’s community property.
Question: Can a judge decree alimony or financial support be paid from income derived from separate property ?
Answer: Alimony is usually paid from separate property because it’s paid after a divorce, and money acquired after divorce is separate property. Just because the investment account is in your husband’s name does not make it separate property. If all or part of it was acquired during the marriage, it’s probably community property. If it was acquired during the marriage by inheritance, gift or because of a personal injury it might be separate. Otherwise, it’s community property. This is complicated. You should have a detailed conversation with a lawyer.

Question: Can my girlfriends soon to be ex-husband, have the court drug test me during their divorce and child custody battle?
Answer: A court can prohibit your girlfriend from letting the children be around you unless you submit to a test and it is negative. Judges vary in the seriousness of marijuana. If nothing else is found, you have a steady job, and no other reason to be kept from the children, it ought not be a basis to keep you from them, but some judges will prohibit it until you test clean. As you said, it’s best to quit using before filing for divorce. Get yourself tested before she files, and proceed when you’re clean. Don’t use throughout the divorce.

Question: COVID-19 Custodial parent sent kids out of state, refusing to bring them back home, no idea of their whereabouts.
Answer: A court will order your kids be available at the time you’re supposed to have them. You might get reimbursed some attorney’s fees and will probably get make-up time. Their other parent might get a suspended jail sentence. You need a lawyer. Don’t try this alone.

Question: My partner is unfaithful and ive hit him. he hasnt reported it but i am scared to lose our child. what can i do?
Answer: This is not the best place to answer your questions. You have been together 7 years and an attorney cannot give good advice about your options here. For example, you don’t mention your daughter’s age. Generally, a parent must be available to care for the child, so that will work in your favor. Whether the violence matters depends on how bad it was, how often, whether your daughter saw it, and whether you were violent to her. Your partner’s wealth is not the advantage he thinks because a judge can order him to pay money for your lawyer(s). It’s best you consult a lawyer ASAP.

Question: My wife and I did not return our sign marriage certificate within the 30 day window. Is our marriage still valid?
Answer: You’re married. Texas presumes the marriage is valid. Plus you probably lived together and represented to others you’re married, which is a common law marriage. If the marriage doesn’t work out, to end it you must get a divorce. There are different ways to be married, but it only ends by death or divorce.

Question: OC subpoena employer?
Answer: Your lawyer can best answer this question. Could support was probably only determined for a temporary order. That’s not binding. The Judge may reconsider it at trial. Ther discovery might be to learn about your retirement and benefits, including what you had at marriage, or to confirm child support is correct. The Judge has authority to order attorney’s fees by either party. Whether that’s granted depends on many factors. Subpoenas are common so that by itself is not enough. If she asks for part of what she admits is pre-marriage property, fees might be awarded. Your most prove what existed pre-marriage by clear and convincing evidence. Your evidence might be insufficient so your spouse is willing to try the case.

Question: My husband filed for divorce but it is pending a divorce waiver it was filed 2/18/2018.
Answer: A divorce cannot be granted unless you receive official notice. Signing a waiver acknowledges you have notice. A divorce decree must be filed to finalize the divorce. When your husband gives you the waivet and decree have them reviewed by an attorney. With social distancing you can email the documents and discuss the with a lawyer by phone or video conference. A lawyer can prepare the documents and advise about alternatives.

Question: Are spouses subject to US divorce law if they married in other country and are not citizens of USA but are permanent residents?
Answer: To file in Texas one of the spouses must have lived in the state for six months and the county for 90 days. Citizenship is not required. Whether your friends can file in another country depends on the law of that country.

Question: He is behind on child support (multiple years), then incarcerated for pedophilia charges, how can i change my custody?
Answer: If you and your child have lived in California since 2017, hire a lawyer there to restrict visitation. It will be easier and cost less if you do it before the father is released from prison. Contact the Office of the Attorney General of Texas about collecting child support. They have a good online portal.

Question: If my payments are listed as equalization payments, instead of spousal support, will I still get them if i remarry?
Answer: It sounds like you will still be entitled to the payments. Equalization usually means payments to pay your share of the community estate. You’re entitled to that regardless of remarriage. Alimony & spousal maintenance often stops on remarriage, but not equalization payments. If it’s enough money, confirm it with your lawyer from the divorce before remarrying.