Legal Question in Family Law in Texas

Married 20 yrs - Spouse overspends and I pay all the bills. I managed to scrimp and save (529 & 401k). My paycheck covers everything (mtg, utilities, auto/health ins., groceries, car payments, lunch tickets, kids clothing, etc.) His paycheck is spent on his clothes, cigars and guy trips. I presented him with a doc/agreement 70me/30him split on home sale, visitation for son (17 yrs), keep spouse on my health ins until end of plan yr (3/31/15) and allow him to stay in house with me and our son until it's sold (repairs being made to prep for sale early 2015). He rescinds all rights to my 401k & my savings (he doesn't know how much). If signed and notarized will this doc stand up in court? I just want to be free and keep what I've earned. will judge require I divulge $ amounts? We don't plan to use lawyers. I want to file next week.


Asked on 10/21/14, 6:48 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

A notarized piece of paper is worth the price of the paper. He can revoke his notarized agreement at any time.

You might want mediation. Do some research on the internet. Mediation offers a lot more flexibility than litigation.

I recommend an attorney to make sure your paperwork is correct, especially with a house involved.

Talk to your employer, if you are divorced I don't believe that you can insure him. Otherwise you might be establishing a common law marriage in the State of Texas.

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Answered on 10/21/14, 7:22 pm


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