How can my common law spouse and I establish that we're married?

For a small fee (which varies by county), you and your common law spouse can simply go to the county clerk and swear to your marriage by filing a Declaration of Informal Marriage.

If you're not sure whether or not you are common law married, you should read How do I know if I'm common law married or not?

We have settled everything, but my spouse won't sign the agreement. What do I do?

What happens next will depend on how the settlement was reached.  If the settlement is memorialized in a mediated settlement agreement or a Rule 11 Agreement, you can file a Motion to Enter with the court.  The Motion to Enter requests the court to sign the Final Decree of Divorce that reflects the the terms of the mediated settlement agreement or Rule 11 Agreement.  If a Motion to Enter is filed it must be heard by the judge.  You must give your spouse read more »

What if my spouse won't respond to anything related to the divorce?

Keep in mind that your spouse's lack of response won't stop you from having your divorce granted. In this situation, it's imperative that your spouse received formal notice of the Original Petition of Divorce. The safest way to insure a spouse was given official notice is by having him or her served by a sheriff's deputy, constable or private process server. Once this is accomplished and the 20 day answer period has lapsed, you can seek a default divorce judgment on the 61st day after filing for divorce.

How can a military or a civil service person stationed overseas get a divorce?

The service person may file for divorce in the county of Texas in which they reside.  If a person serving overseas is served with divorce paperwork from their spouse, they have the right to postpone the proceedings by invoking the The Soldiers' and Sailors' Civil Relief Act of 1940 ("SSCRA"), a federal statute designed to "protect those who have been obliged to drop their own affairs to take up the burdens of the nation."

What happens if my child doesn't want to visit the other parent?

You are obligated to surrender your child to the non custodial parentThe parent that retains physical custody of the child. according to the visitation schedule that was ordered by the court.  If you refuse to do so, you could be held in contempt of court, fined and even sentenced to jail time.  Children are not allowed to "choose" which parent they visit with and when.  However, if you feel that the visitation schedule isn't appropriate, you have the right to go back to court and request that it be reviewed and possibly amended.

What can I do if my spouse is violating the Temporary Orders?

If your spouse is violating the Temporary Orders that a judge issued in your case you may be able to file an enforcement action.  An enforcement action would require a court hearing and could possibly result in read more »

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Trusler Menduni PLLC
5300 Bee Cave Road
Building III, Suite 250
Austin, Texas 78746

Phone: 512.481.0330
Fax: 512.478.1906

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