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jnbk4ever

Junior Member
What is the name of your state (only U.S. law)? Texas

I had a final hearing for my divorce on July 29th and a hearing for dismissal was set up for this friday. Meaning if I do not get my divorce decree in before friday my divorce is null and void. The judge ruled that we should have 50/50 custody of our daughter and then divided property. What was not brought up in court was who would be able to claim our daughter on taxes. Well I think its fair since we split custody down the middle that we should alternate claiming her by year. Well my greedy ex thinks he should be able to claim her every year. I called the court house and asked them what to do seeing as he wont agree to the terms of the decree that I was ordered to draw up and turn in before friday. They can't give me legal advice and I am pro se obviously. She said there is certain paperwork I can file for a hearing so that the judge can rule on the issue, but she couldn't tell me which paperwork. Somebody tell me what to do.... I'm freaking out here. My ex dragged this divorce out for a year and I just want it to be over with.
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Texas

I had a final hearing for my divorce on July 29th and a hearing for dismissal was set up for this friday. Meaning if I do not get my divorce decree in before friday my divorce is null and void. The judge ruled that we should have 50/50 custody of our daughter and then divided property. What was not brought up in court was who would be able to claim our daughter on taxes. Well I think its fair since we split custody down the middle that we should alternate claiming her by year. Well my greedy ex thinks he should be able to claim her every year. I called the court house and asked them what to do seeing as he wont agree to the terms of the decree that I was ordered to draw up and turn in before friday. They can't give me legal advice and I am pro se obviously. She said there is certain paperwork I can file for a hearing so that the judge can rule on the issue, but she couldn't tell me which paperwork. Somebody tell me what to do.... I'm freaking out here. My ex dragged this divorce out for a year and I just want it to be over with.
http://www.courts.state.tx.us/links.asp
http://texaslawhelp.org/issues/family-law-and-domestic-violence
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm
https://www.oag.state.tx.us/cs/index.shtml

Remember: the IRS is not bound by one's court order.
http://www.irs.gov/uac/A-%E2%80%9CQualifying-Child%E2%80%9D
 
Last edited:

single317dad

Senior Member
What is the name of your state (only U.S. law)? Texas

I had a final hearing for my divorce on July 29th and a hearing for dismissal was set up for this friday. Meaning if I do not get my divorce decree in before friday my divorce is null and void. The judge ruled that we should have 50/50 custody of our daughter and then divided property. What was not brought up in court was who would be able to claim our daughter on taxes. Well I think its fair since we split custody down the middle that we should alternate claiming her by year. Well my greedy ex thinks he should be able to claim her every year. I called the court house and asked them what to do seeing as he wont agree to the terms of the decree that I was ordered to draw up and turn in before friday. They can't give me legal advice and I am pro se obviously. She said there is certain paperwork I can file for a hearing so that the judge can rule on the issue, but she couldn't tell me which paperwork. Somebody tell me what to do.... I'm freaking out here. My ex dragged this divorce out for a year and I just want it to be over with.
Just because there's a hearing for dismissal doesn't mean the case will be dismissed. Is it dismissal for lack of prosecution? If so, simply tell the judge that you're actively working the case, and ask them not to dismiss it.
 

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