AV Preeminent Peer Rated Attorneys
Whitewright 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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AV Preeminent Peer Rated Attorneys
Whitewright Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Whitewright 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).
  • 111A N. Travis St., Ste. 5, Sherman, TX 75090

  • 585 Skippack Pike, Suite 200, McKinney, TX 19422

  • 514 N. Elm Street, Sherman, TX 75090

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  • 105 South Travis, Suite 100, Sherman, TX 75090

  • 117 South Tennessee Street, McKinney, TX 75069

  • 1575 Heritage Drive, Suite 302, McKinney, TX 75069

  • 1650 W. Virginia Street., Suite 104, McKinney, TX 75069

  • 1415 Harroun Avenue, McKinney, TX 75069-3430

  • 411 North Main St., Bonham, TX 75418

  • 321 N. Central Expressway, Suite 255, McKinney, TX 75070

  • 114 S. Crockett St., Sherman, TX 75090-5906

  • 116 S Crockett Street, Sherman, TX 75090

  • 506 N. Main St., Bonham, TX 75418

  • 2111 Eldorado Parkway, Suite 103, McKinney, TX 75070

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About our Divorce Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

CLIENT RECOMMENDED
63 %

98 Client Reviews

PEER REVIEWS
4.4

108 Peer Reviews

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 retirement earned prior to marriage be taken in divorce since I paid 3 out of 33 years to social security while married?

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Answered by attorney Mark T. Peters (Unclaimed Profile)
Divorce lawyer at Peters Law, PLLC
Yes, your wife can divorce you. You may want to start the proceedings here though, and very soon, so that the court here has jurisdiction. She cannot touch your social security payments because of Federal law, although if you are receiving any payments on behalf of your children, they might be used for child support. If you want to keep the children, you must ask the court to give you custody. In Idaho, the courts are required to maintain the parental relationship unless it would cause harm to the child. But again, in Idaho, one party cannot move out of state with the children without the agreement of the other parent or a court order. In that case, the court must find that it is in the best interests of the child to move. It doesn't sound like your pension is subject to community property, but it may be subject to child support.
Yes, your wife can divorce you. You may want to start the proceedings here though, and very soon, so that the court here has jurisdiction. She cannot touch your social security payments because of Federal law, although if you are receiving any payments on behalf of your children, they might be used for child support. If you want to keep the children, you must ask the court to give you custody. In Idaho, the courts are required to maintain the parental relationship unless it would cause harm to the child. But again, in Idaho, one party cannot move out of state with the children without the agreement of the other parent or a court order. In that case, the court must find that it is in the best interests of the child to move. It doesn't sound like your pension is subject to community property, but it may be subject to child support.
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If after 10 years I found that I'm still married to my ex husband who remarried two years after me, what should we do?

Answered by attorney Brent R. Chipman
Divorce lawyer at Law Office of Brent R. Chipman
You should first confirm whether or not your divorce was ever finalized. If it was not, it should not be difficult to complete the action now. You can ask the court to make the divorce effective back to a date prior to your next marriage. It is important for you to have the divorce finalized if there are provisions for child support, alimony, or the division of retirement benefits. If the new wife gets a divorce decree that gives her a portion of her husband's retirement benefits before you get a decree giving you part of his retirement, her order will take precedence of your order and could affect the amount you receive. You should contact an attorney to review the status of the first divorce to see what other issues might arise if your husband next divorce is entered before you can finalize your proceeding, and to determine the effect on your current marriage.
You should first confirm whether or not your divorce was ever finalized. If it was not, it should not be difficult to complete the action now. You can ask the court to make the divorce effective back to a date prior to your next marriage. It is important for you to have the divorce finalized if there are provisions for child support, alimony, or the division of retirement benefits. If the new wife gets a divorce decree that gives her a portion of her husband's retirement benefits before you get a decree giving you part of his retirement, her order will take precedence of your order and could affect the amount you receive. You should contact an attorney to review the status of the first divorce to see what other issues might arise if your husband next divorce is entered before you can finalize your proceeding, and to determine the effect on your current marriage.
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Divorce - Vehicle Primarily Used By Wife Taken by Husband

Answered by attorney Renea Overstreet
Divorce lawyer at The Overstreet Law Firm
A protective order won't start the divorce. You have to file a petition for divorce. A court will make temporary order to address the property and child support and possibly spousal support while the divorce is pending. 
A protective order won't start the divorce. You have to file a petition for divorce. A court will make temporary order to address the property and child support and possibly spousal support while the divorce is pending. 
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