Legal Question in Family Law in Texas
Informal Marriage license issued Feb. 2016, used Aug 2014 as official date. Husband left the house 2 weeks ago, has a pending trial for assault against myself. Both my children (1 is special needs) and myself have endured severe verbal abuse some of which has been recorded. Both our names on lease (house), he thinks he can come by when I am not there and my kids are worried/scared. I changed the locks (for safety). He is withdrawing all the money out of his 401K and put our joint checking acct in the - . He keeps taking out payday loans and I just found out that he hasn't paid his income taxes in 4 years. He is driving a company car for a large Oil and Gas co. and his Dl License has been suspended. I am left with all the bills/lease and I am not sure if I should try to fight for his stock, pension and 401K or just try to do something cheap like uncontested and get away from this mess. Also can I be held liable for any of this debts or issues that could arise from what he is doing? I do not have a lot of money for an attorney now that I am having to pay all the bills but I am very concerned about our safety, my finances and any liability that I could be held accountable for from his actions. Just need some direction please.
1 Answer from Attorneys
You should file for divorce as soon as you can.
Unfortunately, Galveston County does not have a standing order; in other Texas counties, when you file for divorce, there is an order that goes into place immediately/automatically � it pprohibits people from destroying property, absconding with the children, running up debt on credit cards, cleaning out bank accounts, and pulling money out of 401(k) accounts, among other things.
In your case, you will need to ask the Court specifically for a temporary restraining order to prohibit Dad from doing the bad stuff.