Legal Question in Family Law in Texas

Re: Need help with some questions on how to go about

Since I am licensed in Maryland, but not in Texas, let me address your question under Maryland law. First, you can file for a divorce in Maryland if either you or your husband has lived in Maryland for a year. If he did cheat on you, you can file for a divorce in Maryland immediately (again, assuming the residency requirement is satisfied). If you don't want to go that route and/or you can't prove the adultery, you can separate from him and file for divorce in Maryland either after one year if the separation is agreed to by both of you, or after two years if it is not. If you plan on going the separation route, I would encourage you to talk to a lawyer who can give you guidance as to the specifics of your situation before you take action. Finally, oftentimes when people separate, they have an attorney draft a separation agreement for them, which is essentially a contract entered into by both parties which will resolve certain matters (for example, child custody, child support, financial issues) until a divorce can be filed for.

Good luck!

Ranji Garrett

301-296-4474

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: Need help with some questions on how to go about

Your contracts spell out your obligation in the capacity that you signed. You may have a comparative advantage with filing in Texas. Maryland requires a one year residency requirement to gain access to the court. Separation agreements have benefits and should be well considered. Do not use a standard form agreement where matters involve children, marital assets, retirement benefits, assets acquired during marriage, and obligations and debts.

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G. Joseph Holthaus III

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Re: Need help with some questions on how to go about

You really do need to speak with an attorney prior to leaving because he could file for divorce based on you deserting the marriage. You could file for divorce now based on adultery but you must have good evidence of the adultery and you must be willing to spend an awful lot of time and effort to pursue the litigation.

You could also file now for what is known as a limited divorce based on constructive desertion. That basically means that he made your life so miserable while living together that you had no other choice but to leave the marriage.

And finally, you could always try to end the marriage with his consent and draft what is known as a Property Settlement Agreement. That agreement finally settles all your property, child custody and child support rights. You could take that agreement to the court and get a divorce a year in MD or you could take it to another state (say TX if you return to it) and file for divorce there, once you meet all the residency and other requirements for a divorce in Texas.

Good luck to you. If I can be of further help, please do not hesitate to contact me.