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AV Preeminent Peer Rated Attorneys
Houston Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Houston Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Divorce Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can I get a annulment?

Zoe Ann Meigs
Answered by attorney Zoe Ann Meigs (Unclaimed Profile)
Divorce lawyer at The Law Office of Zoe Meigs, P.C.
Annulment is available only in very limited circumstances.  Since you have a child together, you will need to file for divorce instead. Annulment is available only when one of the following is true: 1. The husband or wife are under age 18; 2 The person requesting annulment was under the influence of drugs or alcohol at the time of the marriage and when he or she sobered up he or she did not live with the spouse; 3.  Either party was permanently impotent and the other party didn't know that  at the time of the marriage and then, once learning of the impotency, the parties did not live together; 4. The other spouse used fraud or duress or force to induce the spouse to enter into marriage and then the parties did not live together after the duress ended or they learned of the fraud; 5.  Concealed divorce ( a prior marriage ended within thirty days prior to this marriage), but must sue for annulment within one year of the marriage; OR 6. Marriage occurred less than 72 hours after the license was issued if you sue for annulment within thirty days of the marriage. The laws for annulment in Texas are found in Sections 6.102  - 6.110 of the Texas Family Code.    
Annulment is available only in very limited circumstances.  Since you have a child together, you will need to file for divorce instead. Annulment is available only when one of the following is true: 1. The husband or wife are under age 18; 2 The person requesting annulment was under the influence of drugs or alcohol at the time of the marriage and when he or she sobered up he or she did not live with the spouse; 3.  Either party was permanently impotent and the other party didn't know that  at the time of the marriage and then, once learning of the impotency, the parties did not live together; 4. The other spouse used fraud or duress or force to induce the spouse to enter into marriage and then the parties did not live together after the duress ended or they learned of the fraud; 5.  Concealed divorce ( a prior marriage ended within thirty days prior to this marriage), but must sue for annulment within one year of the marriage; OR 6. Marriage occurred less than 72 hours after the license was issued if you sue for annulment within thirty days of the marriage. The laws for annulment in Texas are found in Sections 6.102  - 6.110 of the Texas Family Code.    
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If the co-owner of house voluntarily leaves is he still responsible for costs to maintain and/or sell?

Peter David Ticktin
Answered by attorney Peter David Ticktin (Unclaimed Profile)
Divorce lawyer at The Ticktin Law Group
Yes, each party is responsible. However, there may be a credit given for the equivalent of rent to the party who resides in the house. The verbal agreement was probably with no consideration, and there is a law in Florida called the Statute of Frauds, which makes a non-written agreement regarding real property unenforceable. So, you are able to negotiate a new deal. It gets a bit confusing with all the financials, so the best bet is to come to terms with each other, and seek a peaceful solution. I hope that this helps. I realize that the deal is a bit complex and that a simple response may not be sufficient. Hopefully, though, this will give a better idea of the law, so that you can get this settled.
Yes, each party is responsible. However, there may be a credit given for the equivalent of rent to the party who resides in the house. The verbal agreement was probably with no consideration, and there is a law in Florida called the Statute of Frauds, which makes a non-written agreement regarding real property unenforceable. So, you are able to negotiate a new deal. It gets a bit confusing with all the financials, so the best bet is to come to terms with each other, and seek a peaceful solution. I hope that this helps. I realize that the deal is a bit complex and that a simple response may not be sufficient. Hopefully, though, this will give a better idea of the law, so that you can get this settled.
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Is it true that in my divorce decree it states I’m entitled to half of my husband’s retirement if I do not remarry?

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Answered by attorney Anne Barbara Howard (Unclaimed Profile)
Divorce lawyer at Anne B. Howard, A Professional Law Corporation
Your right to receive retirement should not have anything to do with you remarrying. Have an attorney review your divorce decree. If the retirement was in the nature of spousal support, then you remarrying stopped the right and being single now does not give you the right again. Opinion not legal advice.
Your right to receive retirement should not have anything to do with you remarrying. Have an attorney review your divorce decree. If the retirement was in the nature of spousal support, then you remarrying stopped the right and being single now does not give you the right again. Opinion not legal advice.
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