Kilgore, TX Divorce Law Firms & Lawyers

You may certainly file for divorce.  Once you file, there is a 60 day waiting period before you may finalize the divorce.  You may either hire an attorney to represent you in the case or you may try to do it yourself using forms that you find online or elsewhere. Grounds for divorce may be "insupportability" which means that you are not able to get along in a marriage. There are very restrictive and limited grounds for annulment, but perhaps you meet them.  1. Under age 18. 2. Under the influence at marriage ceremony. 3.  Impotency of spouse. 4.  Fraud, duress or force. 5.  Mental incapacity. 6.  Concealed divorce. 7. Marriage less than 72 hours after license issued. For each of these, once you discovered the problem you must no longer cohabit with the spouse. Divorce divides any property accumulated during the marriage or confirms that each spouse's property in his or her possession is her separate property.  Annulment only treats the marriage as never existing and no property is divided or confirmed.

You asked:  How do i get my name off of a mortgage loan.Additional Details:when the ex and i filed for divorce, i gave her the house along with the mortgage loan. the judge stated she was responsible for the loan and she filed a quick claim deed, however chase manhatten does not recognize this and refuses to take my name off of the mortgage. now i cant qualify for a loan because my name is already on her loan. how do i get my name off the loan I am a Michigan attorney, and would recommend that you talk to a local attorney; however, I believe I can give you some guidance.  A Judgment of Divorce cannot change the contract you have with the mortgage lender.  Even though the Judgment of Divorce may award the house to your ex-wife along with the debt obligation, If she fails to pay the mortgage, you could be sued, but you would have the right to seek reimbursement from your ex-wife.  I usually include in the Judgments I prepare a provision that the person receiving the house gets the debt, and must refinance the debt into his/her name within 90 days.  Once she refinances, then you would not longer be obligated on the debt.  You should check your Judgment of Divorce to see if that provision is included.  If so, and if your ex-wife refuses to refinance, then you may have to file a motion seeking help from the Court. Stu Shafer

You could challenge the divorce based on fraud, but that will be difficult to prove, especially if you were drunk at the time. If you can't get the divorce overturned, you can file a motion to modify the custody arrangement based on a material and substantial change in circumstances. But if I were your lawyer, I would tell you to only do that if you are clean and sober and have been that way for a long period of time. You need to talk with a local attorney about the details.