Legal Question in Family Law in Texas

Re: Costly Divorce

Your idea is probably right. Because you don't have an attorney and your husband does, he will likely gain custody. Not for sure, but most likely. You better figure out a way to get a lawyer, if it's not already too late. Good Luck.

Re: Costly Divorce

You can petition the court to have your attorney fees paid from the community estate.

If there is enough money for your spouse to hire a lawyer then it is only fair that you have representation as well.

Remember, all of the property that you both own is presumed to be community property until your spouse proves that it is separate and the court agrees. In addition both of your incomes are community property as well.

Approach the attorneys in your area and explain your situation; one of them may take the case at least as far as obtaining temporary orders awarding you interim attorneys fees. Then you are good to go.

Re: Costly Divorce

One other thing...

Don't get buffaloed into signing ANY agreement that you don't feel is right and in your child's best interest.

Normally custody will go to the parent who was the primary caregiver before the divorce. In a contested custody case, usually a home study is done by a social worker who looks at both parents and their situations and makes a report to the court.

You can also look for the legal aid service (maybe Legal Aid of Northwest Texas) in your area. They will only handle low income clients and they tend to be slow, however, so it is best to find a private attorney if you can. But by all means get a lawyer somehow and don't sign anything in the mean time.