Legal Question in Family Law in Texas

My husband and I are going through a divorce and there are things going on that make no sense to me and my lawyer absolutely refuses to email any specific answers. If I call him he verbally pushes me around and I wonder whose side he is on.

I told him my husband has emotionally abused me and committed adultery as described by Texas law through internet porn both live and not. He has done this our entire marriage. He has also kept all of accounts, money, vehicles, everything separate. He had cash on hand of $35000 and CD's worth $20000. This is just what I am aware of. He stole everything he wanted out of the home after filing. He made two to five times as much as I did and had me pay my own way and half of bills at places we shared while working the same place.

During discovery he denied the cash, cd's, stolen items, hidden accounts, just about everything. Other than the information I had and submitted my lawyer did absolutely nothing to get information about accounts I proved he had. He didn't check out the cd's....nothing. he said I had to pay for subpoenas separately but has never told me which ones he needed. He said we are going for fault like I wanted and then he has changed it and said we are going for half the home as I have a written letter from my husband stating his home and property are half mine.

In the meantime, this has been going on for over a year, I have absolute proof of adultery and spending of community property money on girlfriend. Husband decided to offer me the entire home, everything in my possession, some money towards one of our vehicles.

When they sent rule 11 agreement it said he got personal items and property in his possession and the few items he admitted he had. When the final draft comes it states he gets furniture, furnishings, all kinds of stuff. Rule 11 said he got bank accounts but final says cash, savings accounts, other institutions. Rule 11 said he'd pay back taxes and final didn't mention it. Rule 11 said nothing about him getting to keep any retirement plans except pre marriage union benefits yet final had this on there. When I complained to lawyer he told me I wasn't going to get a better deal and sign if I wanted the house. I.refused until Rule 11 mirrors final. He then sent changes I submitted to husband's attorney and am waiting on new final.

My question is this. I already had a letter saying I owned half of home and property, have proof of adultery, proof of hidden assets, proof of spending on girlfriend so why is it that my lawyer thinks that getting the home is enough. If you add up all the assets husband stole, vehicles he keeps, cash, CD's known, and his income this year ALONE I'm getting screwed out of over $50,000. Is this normal? I'm not getting a disproportionate amount in my favor and the opposite is true. Why isn't my lawyer fighting for this? Why did he suggest I sign an obviously different final decree?

We were supposed to have a trial by jury, rare, and lawyer was doing that part for free. I paid for regular judge trial. If he believed in me enough to do jury trial then why have me settle for less than half in the end?


Asked on 1/16/12, 10:33 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

I suggest that you go talk to another lawyer and have him review the entirety of your situation. There may be a very good reason for your lawyer doing what he's doing, except he's not good at communicating with you.

On the other hand, it may be time to fire your lawyer and hire a new one. Remember that you hired the lawyer, and he works for you; you aren't married to him. People switch lawyers all the time.

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Answered on 1/20/12, 6:58 am


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