Legal Question in Family Law in Texas

I have been married for almost 27 years; tomorrow I am telling my husband to leave. My husband quit his job 16 years ago and refuses to work. I cannot take it anymore. I have tried to make the marriage work, begged him to be employed but still he does not work nor actively seek employment, there are other issues at hand which I will not include although infidelity is not one of them. I stayed for the sake of the children which in hindsight was not beneficial to them. They grew up in a stressful and dysfunctional home no matter how much I tried to create a warm home for them.

I live in Texas. We own a home with both our names although only I have made any payments on the house. I am also the only one legally financially responsible for making the house payment. I have opened up a checking and savings account in my name.

I am divorcing him because of non support for our family. I think Texas is a no fault state but am concerned that he will somehow eek out more monies from me despite the fact that he is not contributing to our family.

I am concerned that he will be entitled to what little property we have and what little retirement I have. I have had to withdraw amounts over the past several years to assist the kids with college tuition.

Our children are all eighteen or older so custody is not an issue.

I am at a loss on how best to move forward.


Asked on 5/09/10, 5:15 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

File for divorce, and in your petition ask for a disproportionate share of the community property.

Ask your husband how he feels about moving out; if he won't agree to something reasonable, include in your petition a request for temporary orders that will award temporary use of the house to you.

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Answered on 5/14/10, 7:18 pm


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