Legal Question in Family Law in Texas

I have two questions. We have a rule 11agreement that says "the parties have discussed an agreement and here is the basics of the deal. Once we sign agreement terms we can draft order."

There is no mention of dividing earnings which I want divided as husband has made at least $200K since separation and I made a fraction of that. I know the judge can accept the agreement and further make judgement on property listed on in the agreement from reading on-line day and night as attorney is not answering me. There is no mention of vehicles husband is hiding and/or sold I submitted in discovery, no mention of CD's, cash, etc.

Question 1: is it likely judge WILL divide earnings as the agreement was drafted by husband who thinks by not bringing them up and getting me to sign that he is entitled to keep them.

Question 2: if the judge decides to divide the rest of the estate not in the agreement can I introduce evidence of fault at that time?


Asked on 2/22/12, 9:54 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

The judge can and will divide any assets and debts that either party can prove exists. Just because your husband earned money does not mean he has money. The court will not divide earnings, but will divide any savings.

If you can prove the existence of these motor vehicles, CD's, cash, etc., the court will divide them (assuming they are not separate property).

You can introduce evidence of fault IF and ONLY IF you have alleged fault in your divorce pleadings. If you did not allege fault in your pleadings, you need to amend your pleadings, if there is still time before trial.

Good luck!!

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Answered on 3/04/12, 10:00 pm


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