Legal Question in Family Law in Texas
I have been married for 10.5 yrs and my husband walked out and left me and his 2 children. Can i file for divorce myself and get half his retirement or should i get a attorney to hanlde the divorce.A CHILD SUPPORT ORDER IS ALREADY IN PLACE. We have split all of our property.
2 Answers from Attorneys
I would strongly advise you to seek the assistance of an attorney. You are entitled to a portion of his retirement for the years you were married to him. Depending upon a number of other considerations, you might be entitled to more than 50% of his retirement. Also, when was the child support order entered? Depending upon how long ago the order was entered, and what your husband's current net resoources are, you might be entitled to an increase in the court ordered child support. I am a board certified specialist in the field of family law practicing in the Houston area. I would be glad to offer you a free consultation to discuss the issues involved in your case. If interested in visiting further, please contact me directly.
Bruce C. Zivley
You can certainly try to do it yourself.
Beware of on-line kits unless they have been prepared by a TX attorney.
In order to divide a retirement plan you need a special document signed by a judge called a QDRO. You need to have someone prepare it.
You also need State of TX form and local Harris County forms prepared (the on-line kits don't give you these forms).
Also, the TX AG needs to approve and sign your divorce decree.
Based on all of this, most people hire an attorney.
Good luck!