Legal Question in Family Law in Texas
i caught my wife talking to another man on the internet. he lives in a different country. we have been fighting non-stop about this and now she wants a divorce. i love her very much and we have 3 young children and im fighting to keep this family together. she said that she didn't consider a divorce tell she talked to him and the final straw is when i wrote him to tell him to leave her alone. no she said that she cant forgive me and she wants me gone. we have hit rough patches before and now she said she is done. i don't want a divorce and i brought up counseling. she refuses. my kids are upset and all she is thinking about is herself. i want to make this work. if she files for divorce can a judge appoint a therapist . i don't want a divorce unless we have exhausted all options. and want happens if she files and i refuse to sign. im trying to fix it i don't want to lose my kids or my family. she says that no matter what she gets the kids and i will pay. she doesn't have an income because against my will she quit her job. i feel that if she wins i get punished. she was the one having a cyber affair and im trying to fix it. is the law on my side at all
2 Answers from Attorneys
Unfortunately, Texas is a "no fault" state. One of the grounds for divorce is insupportablity. Hence if one spouse wants the divorce they can get one. Even if you refuse to sign the decree, if the judge signs it, you will still be divorced.
You will need an attorney to help resolve several issues in your favor
1. Division of Property
2. Child Custody, visitation, and child support.
She will not automatically get the children and Texas tends to be a "get a job and support yourself" kind of state as far as spousal support goes. Mr. Engelke is correct. Get yourself a good family law attorney who can explain how things work and what you are going to need to do.