Legal Question in Family Law in Texas

International Divorce?

I am a Canadian working in the US as a teacher. I got married in Mexico and applied for green card as a married couple. My husband rarely comes to visit me and my son in US and refuses to let me move to MX with him. I tell him to come teach (he is having financial hardships) and live with his family and make 2x more $ than he does now and he refuses. He likes to live the single life without wife and child. Our house is under both our names but house loan is under mine only. This is the only thing he contributes to the family. the past 3 mos he has been late. I want to sell my house but he refuses, saying this marriage is going to last and he wont sign the papers to sell the house. WHAT CAN I DO?! I wan to leave him but can't prove infidelity (even though i read text messages, found a woman's jacket, woman called house lloking for him, etc. typical cheating man w/no solid evidence to present in a court). How can i divorce him ? better yet, how can i sell my house? I am scared he wont pay and ruin my credit or have it foreclosed. Loan is under my name only, title under both. please help


Asked on 5/30/07, 11:39 am

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: International Divorce?

The first thing you should do is to contact an immigration attorney to discuss things that might have a negative impact on your ability to remain in this country.

Just because you are not a U.S. citizen does not mean that you cannot get a divorce. Texas is a "no fault" state. You do not have to prove grounds. In the divorce, you can ask the court to order the house sold and proceeds divided and order him to keep up the payments until it is sold. You need to contact a family law attorney to assist you with the divorce.

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Answered on 5/30/07, 11:55 am
James Grissom Law Office of James P. Grissom

Re: International Divorce?

If you live in Texas, you can get a divorce here. The problem is you will have to serve him in Mexico according to international law. Texas is a no fault state. You don't have to prove anything other than the fact that you don't want to be married anymore. You can get an order from the court in the divorce to sell the house and divide the proceeds. You might even get an order for him to pay your attorneys fees out of his share of the proceeds. The best way to go about this is to find a good divorce lawyer.

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Answered on 5/30/07, 11:55 am


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