Legal Question in Family Law in Texas
abandoned and broke
My husband of 20 years has abandoned his family 3 months ago, I am a housewife and have been for the last 12 years, at first he sent some money but for the last 8 weeks he has not, the bills are all behind, he is living with a woman in Florida, he closed our bank account, he has now hired a attorney and filed for divorce, I have no money to pay an attorney, a man threw papers on my porch and ran off, as my 16 year old daughter entered the house, the papers are still there, Is this being legally served? I think he has the nerve now to be asking for custody of the kids, on the papers the names are spelled wrong and he doesn't even now his own kids b-days or ages, what happens if i do not show up in court? what happens if i show up and tell the judge i have no money for a lawyer? do I hnve any other options? my children do not want to see him and our electricity and house phone are fixing to be turned off. What can i do? the attorney my husband hired is the most expensive in the county. please help!
1 Answer from Attorneys
Re: abandoned and broke
You've been served! Not touching the papers does not count. Having them thrown on the porch is sloppy and irritating but it counts.
If you don't answer, he wins. He will be the only person to testify. You could be ordered to pay him child support. He would get everything and you would get zero!
You need to file a legal document called AN ANSWER. There is no fee to file it at the courthouse in Texas. If the divorce is filed elsewhere, I cannot give you any legal advice since I am only licensed in Texas.
You can go to a law library and find the document called an Answer.
Handwrite it or type it up neatly. Make 2-3 copies. File the document at the courthouse. Send a copy to his lawyer. Keep a file-stamped copy for yourself.
You are not entitled to a free attorney in a civil case (like a divorce) unless you are being charged with contempt and are looking at doing jail time.
There are free legal services around. Look for them.
Good luck!
You need temp. orders in order to get some financial assistance.
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