Legally Speaking Answers & Questions

September 25

Q: What do I do when I file an uncontested divorce and the spouse refuses to sign the divorce papers? – Leon

A: Divorce is just a lawsuit and so there’s no need to get the other spouse to agree or to sign. You can actually go to trial while most divorces are agreed to and signed of on before that happens. You just set the case for trial and eventually the case will get tried and the judge will make a decision and will sign the decree whether or not the other spouse wants it.

Q: Does my husband’s first wife have rights to a pension he has from a job he had when they were married?  – Laurie
A: The law is in Texas we’re a community property state and so income you earn while you’re married to someone is presumed to be community property. That includes pension benefits. So pension benefits that vest while you’re married your spouse has a community property interest in those benefits; however, in the divorce that should’ve been dealt with. There will be something in that divorce decree more likely than not that addresses

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All answers provided by Judge Ken Wise of Fridge, Resendez & Wise LLC.