Legal Question in Family Law in Texas
Married under false pretenses
My husband makes about $85,000/yr with overtime compared to my $9/hr. During our 3yr marriage, we bought a house, 2 vehicles, all appliances including big screen tv. Problem is he controlled all the money and everything is in his name only. We received an IRS refund which I never saw and when he kicked me out of the house, he cleaned out the checking account. The car I'm driving will soon be picked up for non-payment so I can't even afford an attorney cause I need to save $ for a car for work.
If I represent myself in court, would I be able to ask for $ for education or for transportation for work? I know he has a nice retirement fund, but I have no documentation of anything, because I was always left in the dark. I was just served papers today and it says I must be in court 4/20/06. How do I show what I'm asking for and to whom? Obviously, I'm not prepared and I don't know where to turn. Can I ask for more time?
He married me with the promise that he would have a vasectomy reversal, but afterwards he refused and thought I should be happy mothering his 2 children from a previous marriage. Does it matter that he married me under false pretenses? He knew that having children of my own is extremely important to me.
2 Answers from Attorneys
Re: Married under false pretenses
IF you cannot find an attorney before the deadline, you need to attend the hearing and ask the judge for a "continuance" so that you can hire an attorney.
Don't agree to anything that he or his attorney gives you until have your attorney review it (remember they are not looking after your best interest now).
Who has possession of the children?
Re: Married under false pretenses
Don't try to do this on your own.
The hearing is likely for the purpose of temporary orders, and if there is no 'emergency' then the court can continue the hearing for you to retain an attorney. You may be able to get an attorney before the hearing.
Don't agree to any proposals without legal advice.
There are alternatives. MANY attorneys will work with you on a payment plan. You are probably entitled to temporary spousal support. Check out the family attorneys on this website that are in your county. Fran Brochstein is one.
If you absolutely cannot meet a payment plan, check out the free/low-cost clinics available through North Texas Legal Services, Catholic Charities, your church or temple or place of worship, University of Houston Bates School of Law, the Houston Bar Association. Someone out there will help you, within reason, but you have to work really hard to find that person.
ATTEND the hearing. If you don't have a lawyer yet, tell the judge your story, and ask for a continuance to find a lawyer. This is a complicated situation, and requires legal representation.
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