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AV Preeminent Peer Rated Attorneys
Austin Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Austin 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).
  • 115 Wild Basin Rd. S., Ste. 106, Austin, TX 78746

  • 503 West 14th Street, Austin, TX 78701

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  • 808 W. 11th St., Austin, TX 78701

  • 1012 Rio Grande Street, Austin, TX 78759

  • 1717 West 6th Street, Suite 315, Austin, TX 78703

  • 501 Congress Ave., Suite 150, Austin, TX 78701

  • 1301 S. Capital of Texas Highway, Suite C 120, Austin, TX 78746

  • 4425 South Mopac, Suite 102, Austin, TX 78735

  • 919 Congress Ave., Ste. 425, Austin, TX 78701

  • 111 Congress Avenue, Suite 400, Austin, TX 78701

  • 8200 N Mopac Expy, Suite 230, Austin, TX 78759

  • 5708 Avenue G., Austin, TX 78752-4510

  • 3414 Pawnee Pass S., Austin, TX 78738-1709

  • 301 Congress Ave., Ste. 1800, Austin, TX 78701

  • 900 Congress Ave., Ste. L-119, Austin, TX 78701

  • 1206 Coleto Street, Austin, TX 78702

  • 14101 Highway 290 West, Building 600, Austin, TX 78737

  • 500 North Capital of Texas Highway, Austin, TX 78746

  • 905 W. Oltorf Street, Suite D, Austin, TX 78704

  • 314 E Highland Mall Blvd, Suite 304, Austin, TX 78752

  • 4425 S. Mo Pac Expy., Bldg. 3, Ste. 505, Austin, TX 78735

  • 3800 N. Lamar Blvd., Ste. 200, Austin, TX 78756

  • 911 FM 1626, Ste. 103, Austin, TX 78748

  • 5309 S. Congress Ave., Austin, TX 78745

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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.

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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.

In a divorce, how is claiming dependents on taxes decided?

Matthew Kyle Simcox
Answered by attorney Matthew Kyle Simcox (Unclaimed Profile)
Divorce lawyer at The Simcox Law Firm, P.L.L.C.
This is a case where federal law dictates the answer.  Under the Internal Revenue Code, the parent who is the primary custodian gets to claim the children.  Sometimes in divorce cases we make provisions regarding who gets to claim them, but the federal government doesn't care one bit about what a State court rules. So, to answer your question, it sounds like you get to claim them under federal law.  You may, because you are a nice person, allow her to claim them, but that is solely your decision.  If you both claim both children, then ultimately, when the IRS flags your returns, you sir would win the battle.  At least that is my understanding of how that works. Good luck.
This is a case where federal law dictates the answer.  Under the Internal Revenue Code, the parent who is the primary custodian gets to claim the children.  Sometimes in divorce cases we make provisions regarding who gets to claim them, but the federal government doesn't care one bit about what a State court rules. So, to answer your question, it sounds like you get to claim them under federal law.  You may, because you are a nice person, allow her to claim them, but that is solely your decision.  If you both claim both children, then ultimately, when the IRS flags your returns, you sir would win the battle.  At least that is my understanding of how that works. Good luck.
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I am wanting a divorce for some time, he got deported and I haven't heard from him since,what needs to be done?

Answered by attorney Kevin L. Dixler
Divorce lawyer at Law Office of Kevin L. Dixler
There is nothing stopping you from seeking a divorce other than the ability to hire an attorney and/or pay the filing fees. You ought to seek help from an family/divorce attorney. If you successfully petitioned him, then his deportation likely ended your responsibility for him based upon form I-864.  He can be served at his last known address whether in the U.S. or outside the U.S.  If that does not work, then likely by publication, but you must speak with an attorney licensed in Texas to seek legal advice for that matter.  Good luck. The above is general information, not legal advice, and does not create an attorney client relationship.
There is nothing stopping you from seeking a divorce other than the ability to hire an attorney and/or pay the filing fees. You ought to seek help from an family/divorce attorney. If you successfully petitioned him, then his deportation likely ended your responsibility for him based upon form I-864.  He can be served at his last known address whether in the U.S. or outside the U.S.  If that does not work, then likely by publication, but you must speak with an attorney licensed in Texas to seek legal advice for that matter.  Good luck. The above is general information, not legal advice, and does not create an attorney client relationship.
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What will now happen on the home equity loan?

Robert Jensen 'Bob' Matlock
Answered by attorney Robert Jensen 'Bob' Matlock (Unclaimed Profile)
Divorce lawyer at Mackoy, Hernandez, Jones and Woods LLP
Your fact statement is a bit difficult to unravel in terms of separate and community property. Separate property is owned prior to the marriage and community property is acquired during the marriage. The court cannot award separate property to the other spouse. If you owned the house prior to this marriage, it is your separate property. With respect to the equity loan, the creditor will sue the parties who signed the note. I suggest you hire a lawyer.
Your fact statement is a bit difficult to unravel in terms of separate and community property. Separate property is owned prior to the marriage and community property is acquired during the marriage. The court cannot award separate property to the other spouse. If you owned the house prior to this marriage, it is your separate property. With respect to the equity loan, the creditor will sue the parties who signed the note. I suggest you hire a lawyer.
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