Legal Question in Family Law in Texas
My parents have been married for 20 years and my mother recently started filing for a divorce. She told me she spoke to a lawyer and that he told him that my dad was obligated to give her half of his check even until the divorce is finalized. My dad is not from the US and I am they're only child but I am 21. They have been separated for 2 years and she says the lawyer says because they have been married for so long that she is entitled to this. My dad's response to that is that he would rather go back to his country and of coarse that I dont want that. Is this true what she was told?
1 Answer from Attorneys
Your father needs to hire a lawyer immediately.
Generally, in the State of Texas, your mother is entitled to 50% of the community property. However, that is a simple explanation of Texas law.
I suggest that your father look on this website and on www.avvo.com for an attorney.
If he just leaves the US, then she will automatically "win" in the divorce. I'm not sure that this is what he truly wants. I'm sure he said that he would leave because he is hurt and mad. Divorce is a terrible time for the entire family.
As a child of your parents, their divorce puts you in the middle. It is a horrible place to be for you. My parents divorced when I was in my 30's and I was already an attorney, it was horrible for my sister and me. I feel so sorry for you. I have found that people behave badly when going through a divorce. It is the death of their marriage & they are grieving in their own way. If possible, try to stay out of it. You are their child & not their peace-maker.
If possible, encourage them to seek out mediation rather than litigation.
Also, encourage them to talk to someone they both respect to work out their differences. They should be talking to someone they both respect and admire -- not to you!
Good luck to you all!
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