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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31577
Experience:  JD, 16 years legal experience including family law
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I have a question regarding the texas family law on the split

Customer Question

I have a question regarding the texas family law on the split of housing property located outside US. If the judge in US decides how to split the property, can it be denied by a judge in a foreign country?
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.
Hello and welcome,

The answer to your question will depend on the laws of the foreign jurisdiction. In the U.S. courts typically provide full faith and credit to foreign judgments if the foreign court had jurisdiction over the matter, but you will need to consult with an attorney in the foreign jurisdiction to determine whether courts there will honor a judgment entered by a U.S. court.
Customer: replied 1 year ago.

My father bought a house for me when I got married. Now my husband is asking for 50% ownership.


 


I hired an attorney for divorce. I would like to provide him detailed cost/expense sheet on the house to prove my husband's request is not reasonable. Unfortunately, it seems to me that my lawyer is not interested in looking the sheet. He only asked me to do some calculations and give him a number......that makes me feel that 1)US law may only be OK to judge the divorce instead of the foreign property split, therefore the lawyer doesn't care about the sheet; 2) my lawyer is not good or not responsible.


 


Just as you said, it depends on the laws of the foreign jurisdiction, so do you think that is why my lawyer did not care about the sheet?

Expert:  Tina replied 1 year ago.
I really don't know enough about your case to answer your question about why your attorney was not interested in the cost sheet. Is there a suit concerning the property pending in another jurisdiction? If not, then you would need to consult an attorney in the foreign jurisdiction to determine whether they would honor a judgment from the U.S.
Customer: replied 1 year ago.

There is no any pending suit in the foreign country.


 


My attorney just submitted the divorce documents to the court where there is no any detailed request either from me or from my husband, such as property split and child support. My attorney told me that it is the first step. Now he is asking me to negotiate my husband for an agreement.


 


I already signed the contract to hire him as my attorney, but I really don't know how the attorney should work with the customer. I kept asking him what we should do next if I could not get an agreement with my husband, he never responded with a direct answer.


 


I paid $2000 to hire him as my attorney. Sometimes I just want to get my money back and hire another attorney, but I don't know how and if I can.

Expert:  Tina replied 1 year ago.
I see. I am getting a better grasp of what you are asking here. Your attorney just filed for divorce and did not seek custody of the children or a division of property from the court. In the request for relief at the bottom of the petition for dissolution, it doesn't request this relief from the court?
Customer: replied 1 year ago.

Here are the last two paragraphs in the file where you could find the words "....relief requested..." What does the "relief from the court" mean?


 


9. Division of Community Property


Petition believes Petitioner and Respondent will enter into an agreement for the division of their estate. If such an agreement is made, Petitioner requests the Court to approve the agreement and divide their estate in a manner consistent with the agreement. If such an agreement is not made, Petitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law.


 


10. Pray


Petitioner prays that citation and notice issue as required by law and that the court grants a divorce and all other relief requested in this Petition.


 


Petitioner prays for general relief.


 


Respectfully Submitted,


 

Expert:  Tina replied 1 year ago.

Thanks for the information again.

Yes, this does indicate that the attorney has requested a division of the property from the court if you and your spouse cannot agree on that issue, which would normally be appropriate at this early state of the proceedings. I don't see anything about custody or child support though. In TX, it is called possession instead of custody, so the attorney would typically request joint possession/custody of the children and an order of support based on the child support guidelines.

If you don't believe the attorney is representing you properly, then you are typically free to terminate the relationship and request a refund of any balance that is owed. He would be entitled to payment for the value of the work he has already provided, including the drafting and filing of the petition.

Since the petition has just been filed, your spouse would normally have time to respond to the petition by filing an answer with the court. After that, only then would mediation normally begin, so I would not expect negotiations to begin at least until after a response is filed with the court.

Customer: replied 1 year ago.

Your responses are very helpful!


 


I have one last question:


 


Who will negotiate with my husband for an agreement? Myself or my lawyer will have to represent me to do it?


 


Thanks!


 

Expert:  Tina replied 1 year ago.
Hello again.

You and your husband, represented by your attorneys will typically negotiate the terms of a settlement. That can be done through court ordered mediation where you meet with a mediator, or it can be done more informally, through communications between your attorneys after discussing the issues with you and your husband, their clients.

You are very welcome and I hope that helps clarify the situation for you.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Tina, Lawyer
Category: Family Law
Satisfied Customers: 31577
Experience: JD, 16 years legal experience including family law
Tina and 11 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much!


 


I have subscribed for the service for a 7-day free trial. If I have questions, I would like to ask you again.


 


I have rated your answer as Excellent Service!


 


Thanks again!

Customer: replied 1 year ago.

I read our conversation and have two more questions:


 


1. Since my attorney has filed the petition for divorce, if I terminate the relationship with him and hire a new one, does the petition filed by him have to be withdrawn? Will my new attorney have to file a new one?


 


2. Because my husband told me that he will not hire an attorney, there will be no attorney-attorney communications....So, should my attorney/the mediator for the court negotiate with my husband or I have to do it? What should I do if my husband does not respond to the petition by filing an answer with the court?


 


Thanks!

Expert:  Tina replied 1 year ago.
Hello again,

The petition will not need to be withdrawn or refiled if you retain a different attorney.

Your attorney would communicate with your husband if he is not represented by counsel. You, your attorney, and your husband would normally meet with a mediator if mediation is ordered in the case.

If your husband does not file an answer, then you would typically be entitled to a default judgment granting you whatever relief you requested in the petition.


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Customer: replied 1 year ago.

Hi Tina,


 


When I hired my attorney, I signed a contract that says the attorney fee is non-refundable. Because I really don’t think he represented me well and sometimes I believe he was lying to me, I want to get my money back. But I really hesitate to argue with an attorney, who is more powerful than myself.


 


My case is in the early stage at this moment. The court files have not been served to my husband yet.


Now I decide to tell my attorney that I will withdraw my case for no reason and get my money back. Do you think I should provide an explanation for the withdrawal?


 


 


Thanks!

Expert:  Tina replied 1 year ago.
It is not necessary to provide a reason typically and non-refundable retainers are usually unethical. Unless the attorney has earned the fees, any balance should be refunded to you, or you can file a complaint with the state bar association.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

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