Legal Question in Family Law in Texas
Separating - should I contact attorney first
After 12 years of marriage, my husband and I have decided to divorce. We have 2 kids under 11 that will live with me. Do I need to hire an attorney before I leave the home? Everything is in his name, the house, and the car that I drive. He is self-employed and we are currently in chapter 13 due to taxes owed to IRS. My income is low 30's and his is over triple that. Will I be liable for half of Ch. 13? Can he take his car and leave me without transportation?
2 Answers from Attorneys
Re: Separating - should I contact attorney first
Lady - you need help. You need to understand, your husband has money he needs to hire the best, you need to check out the reputations of every lawyer you consider. I do not know where you are but I do know what you need, you need a feisty lawyer that will fight for you all the way. Your lawyer's fees may seem outrageous but if you hire the best you will have spent your money well. Bankruptcy at the start of a divorce is a signal - a really bad sign that you are on your way down hill in a hurry. Good luck.
Re: Separating - should I contact attorney first
It sounds like you need your legal options explained to you before you make decisions that might not be in your best interest.
The bankruptcy complicates things a bit. You cannot do anything until the bankruptcy court lifts their stay.
In Texas all assets and debts (usually) are community assets and debts. If you own 2 vehicles, then you should keep one. If something was a gift or inherited, that asset might be a separate property asset unless it was comingled into the community funds.
I would encourage you to talk to someone to explain Texas law to you.
Good luck!
Fran Brochstein
713-847-6000
www.familylaw4u.com
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