Legal Question in Family Law in Texas

Re: need to know what to do ,i dont want a divorce

I am sorry to hear about your marital discord. I know from experience that divorce is a very painful experience, regardless of who initiates it. Unfortunately, love and reconcilliation cannot be forced. All you can do is take steps to ensure that you protect the best interests of your children, as well as your property and support rights.

Texas is a "no fault" state, which means that if your husband wants a divorce, you cannot force him to stay in the marriage. You will, however, be entitled to child support (assuming you maintain custody of the children), and possibly court ordered spousal maintenance, since you have been married for over 10 years. The amount of child support is generally set by statute, although the court can deviate from this amount under certain circumstances. Spousal support is much more discretionary, and would depend on a variety of factors, such as earning power of each spouse, education, special needs of the children, and property available for division.

The statutory "guideline" child support for two children is 25 percent of the noncustodial parent's "disposable" income, which means approximately 25 percent of your husband's take-home pay.

Additionally, any property (home equity, vehicles, investments, retirement accounts, and other assets) that have been accumulated since your marriage is "community property," and you would generally be entitled to half.

DO NOT sign ANY papers relating to divorce matters without first consulting a lawyer. If you sign a waiver, your husband could pretty much get anything he wanted, without you having a say in the matter. Divorce cases can be complicated matters. I urge you to IMMEDIATELY see a lawyer to protect your child custody, support, and property rights. If you cannot afford a lawyer, contact the local bar association for a possible referral for pro bono legal aid. Good luck!

My response above is only general information based on the facts given, and should not be construed as legal advice, as no attorney-client relationship is established on this forum.