Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

A friend has been served divorce papers. Her and her ex-husband

Customer Question
A friend has been served...
A friend has been served divorce papers. Her and her ex-husband did not have any real assets and no children. Does she need a lawyer? She has asked me for advice and I do not understand the plantiff's prays and demands in the papers. Both her and her husband are boke. She left him everything except for her car and 5 boxes of stuff. They lived with her husband's parents the entire 3 year marriage. Please advice.
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
5/5/2009
Lawyer: TexLaw, Attorney replied 8 years ago
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
DearCustomer

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

When there are no assets, a divorce can be very simple. However, your friend needs to file a General Denial. You need to make the document look like the petition (same heading). The title is "General Denial". Then you state:

Defendant _________, appears before this court and files this Answer and General Denial herein and will respectfully XXXXX XXXXX the Court the Following:

Defendant ___________, denies each and every, all and singular claims and allegations made in Plaintiff's Petition for Divorce. Defendant requests a trial of this matter before a jury of her peers and that Plaintiff be caused to prove with credible evidence all allegations made in his petition.

Filing this document will allow your friend to reach an agreement regarding the separation of property. Then you file a settlement agreement, and request that the judge issue a divorce decree based on the settlement agreement. The settlement agreement needs to state all the assets and how they will be divided, along with reference to the division of debts owed by the couple, and the retitling of any vehicles. She needs to make sure the divorce decree states that the court orders ex husband to sign over title to the vehicle.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.


Ask Your Own Legal Question
Customer reply replied 8 years ago
Does she need a lawyer to file the denial for her? The car is already tittled to her. Her husband signed it over when they seperated. He has his own vehicle. She is in agreement with the complaints in the divorce papers. The complaints are not in dispute. Her confussion (and mine) is the list of prays and demands and her ex-husbands debt. The prays and demands are asking for a settlement agreement. She has no problem with a settlement agreement unless it means she is forced to incur part of his debt. As far as she knows his debt consists of a truck payment for a truck he is in possession of, a student loan aquired before his marriage, and a credit card in his name maxed out at under $1500. The credit card was aquired during the marriage, it was his credit card and was used by him and never by her. All material assets remain with the ex-husband with her approval. One of the demands is that all costs of this action be cast upon the defendant. If she files a general denial on her own what happens next? We she just go to court for the settlement agreement and need legal councel at that time? If so would it be less costly for her to just hire a lawyer and have the lawyers come up with a settlement agreement without going to court?
Lawyer: TexLaw, Attorney replied 8 years ago
Hi Again,
Sorry for the delayed response. In cases where its possible to reach a settlement agreement, it is not always necessary to hire a lawyer. Really, all that needs to be done is a complete agreement regarding the division of the assets and debts needs to be entered before the court.

I cannot give you specific answers regarding what this woman's rights are without knowing the state in which you live.

It sounds to me that your friend would benefit from hiring an attorney. It would give her peace of mind and would likely help her move the divorce along more quickly. But I would first advise speaking to the husband and seeing if he would be willing to enter into an agreement where he keeps the debt and the car payment to pay himself, since he has kept the rest of the property. If he doesn't agree, then go get an attorney.

It also sounds to me that the husband has hired an attorney. If they can come to an agreement regarding the property, the husbands attorney should be able to take care of entering the agreement before the court. The agreement must be entered before the court, and there has to be a court appearance in order to have the court grant the divorce.

After you file the general denial, the ball is then in the husbands court to make a move.   It also starts the beginning of the discovery process. I wouldn't advise making any more legal filings without an attorney.
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead trial/International commercial attorney licensed 11 yrs

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Have a question about debt collection on car title loan. NC
Have a question about debt collection on car title loan … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
I helped a friend make payments on her car. A title loan. I
I helped a friend make payments on her car. A title loan. I paid over 2500. and paid it off. She was to pay me back after getting a job. She also moved into my home, and helped around the house. Her c… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,869 satisfied customers
My vehicles totatled elpaso tx title loans I was e 2months
My vehicles totatled elpaso tx title loans I was e 2months behind made one payment260.00 i only owe 2 more told them id try to pay the 520.oo balance this month dec med problems was i 60mph head on wi… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
Can a signed property settlement agreement be appealed
Hello, can a signed property settlement agreement be appealed before it goes before a judge? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,962 satisfied customers
I have a court order for my Marriage settlement agreement
I have a court order for my Marriage settlement agreement that lists an end date for child support. As I understand, I will need to make a motion for emancipation. If the end date is June 2018, how fa… read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
I am looking for representation regarding a Company, Ditech,
I am looking for representation regarding a Company, Ditech, that I feel is harassing me. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My car was repoed from a title loan pawn I don't have the
My car was repoed from a title loan pawn I don't have the money to pay in full can I get my car back … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Wife took a $3000.00 loan secured with cat title. Lending
Wife took a $3000.00 loan secured with cat title. Lending agency told her that payments would be %360.00 monthly. whrnshe paid her first payment, she was told that she had to renew the note. this note… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
I have had a Marital settlement agreement with my Ex-wife
I have had a Marital settlement agreement with my Ex-wife and She filed for a no fault divorce which I consented to and included the MSA in the filling and divorce was granted.The MSA included the cus… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
Let's say I entered into a settlement agreement with a
Hi,Let's say I entered into a settlement agreement with a publisher after I was found to have sold counterfeit books from that publisher, agreeing not to infringe again. The contract also stated that … read more
Bill Attorney
Bill Attorney
law
1,596 satisfied customers
My Marriage settlement agreement (MSA) states that I will
My Marriage settlement agreement (MSA) states that I will pay child support until our child turns 22, which is in a few months. In order to make it all official, do I have to make a motion to emancipa… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
​DOES THE FACT THAT A FLORIDA SETTLEMENT AGREEMENT WHICH
​DOES THE FACT THAT A FLORIDA SETTLEMENT AGREEMENT WHICH LACKS A WAIVER OF CALIFORNIA CIVIL CODE § 1542 INVALIDATE THE RELEASE WITH THE CALIFORNIA PARTY IN A FLORIDA STATE COURT PROCEEDING? Is their a… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
If a settlement agreement has been signed by both parties,
If a settlement agreement has been signed by both parties, can it be changed: … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I paid off a title loan and purchased the vehicle the title
hi I paid off a title loan and purchased the vehicle the title co released the lien and gave me the title and then went back and applied for a replacement title that has the lien on it because their c… read more
Van
Van
Retired Criminal Court Judge
Juris Doctorate
79 satisfied customers
I recently purchase property title and loan is in friend
i recently purchase property title and loan is in my name My friend office to pay half of the cost . need a contract and will . I have two sons she has a sister and brother I need advice / legal docum… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
I need some case law on a settlement agreement that was
I need some case law on a settlement agreement that was forged and the forgery was discovered on a renewal of jugment. In california superior court … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am looking for a simple family settlement agreement for
I am looking for a simple family settlement agreement for the state of Pa. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
Can a Motion to Enforce a settlement agreement be brought
Can a Motion to Enforce a settlement agreement be brought back to the same court where the action was dismissed with prejudice upon settlement?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x