Legal Question in Family Law in Texas

My husband and I have been married for 32 years. I have our first child in the first year. I worked but once the baby was born he wanted me to stay home. So that was the end of my life. We had 4 kids, and I became a full time housewife and stay at home mom. Later in the marriage his rating from the veterans affair wad raised to 100% permanent and he also receives social sercurity. Now he is unable to work but still does on occasion. Now here comes the divorce. I have nothing of my own. I have no money. No job. No house. Nothing he says I can't get one pen-y from him OS that true? What.can I do? I worked for him and our household for 32 years. Quit my career for the sake of the family. I even worked for him with his business. And in a month I have to find a place to live.


Asked on 9/03/10, 6:52 am

1 Answer from Attorneys

Texas is a community property state which generally means that anything accumulated during the period of the marriage (homes, cars, bank accounts, savings accounts, government benefits, retirements, etc.) is considered "marital property" and is subject to an equitable division between you and your husband. With a few exceptions, it doesn't matter whose name these assets are held under - you are as entitled to them as your husband is, even though he may have been the party to "earn" them. You may also be entitled to support - to assist you in moving out and paying your new bills, and also assisting you in the long term (up to 3 years) so you have some reasonable time to get back on your feet and engaged in a new job.

You stand to lose a lot, though, if try to represent yourself on your own. While the initial investment in an attorney may seem daunting, you could lose far more in the long run if you don't have someone knowledgeable by your side to protect you. Attorney fees in a divorce are also a marital debt - you are as entitled to good representation as your husband is.

Hope that helps.

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Answered on 9/08/10, 8:33 am


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