Legal Question in Family Law in Texas

husband abandonment 3 years, property dispute

my husband abandon me and the family 3 years finally returns trys to reconcile. during his absense i paid

off all debts to credit card company's. and continued payments on vehicle. he's now tryedm to take poscession of car. after being physicaly abused several times they finally arrested him. he's caused

physical damaged to my home and vehicle. I have now been notified by his public defender that i have to

release these to him what's my recourse?


Asked on 3/29/01, 3:49 am

2 Answers from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: husband abandonment 3 years, property dispute

Wow - and after three years you let him come back! You need to start divorce proceedings immediately. Make sure that you set a hearing for temporary orders. I make an assumption that the "family" you speak of includes minor children. Until the court orders that one of you is primary managing conservator or sole managing conservator, each of you has equal rights to the children. start a diary today - if you have not done so and write down everything that occurs during the divorce (all the times he was or is abusive, his visits with children, times he said he would visit children, when he showed up. In almost all cases, I advise my clients to opt for a "no fault" divorce. This is a violent man, who is now trying to take your property. You need:

1. A petition for divorce, alledging grounds, desertion, and abuse.

2. A hearing for temporary orders, including possession of home and vehicle, children, child support and temporary alimony. You also need a TRO ( temporary restrainiong order) to prevent him from selling your home or vehicle and from coming near you.

If you have no attorney, a public defender can be pretty intimidating. He/she can file motions to force you to turn over property, children, everything near and dear to you. You must respond to all motions according to the statutes of your state he may be able to get a judgment against you.

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Answered on 6/02/01, 8:48 pm
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: husband abandonment 3 years, property dispute

E-mail or call me for free advice. I need more

facts to be able to adequately advise you.

713-902-3754

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Answered on 6/01/01, 7:02 pm


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