Legal Question in Family Law in Texas
my sister got married in december 2013 and she was soon detected with rare breast cancer 6 months after her marriage and she is undergoing treatment but suddenly midway during treatment her husband wants to end the relationship with her and she is devastated.she is undergoing radiation now, we all are so confused and clueless as to what to do.Her husband is practicing internal medicine doctor and his behaviour is baffling us.Could you suggest what to do to save the marriage or to safeguard herself.He says he need 2 months of time since he is in depression we asked him what you as a husband for when your escaping from your responsibility during such testing times? please advice what to do?how can she take care of herself rest of her life with or with out him?? They stay in austin but she is undergoing her treatment in houston at anderson cancer research centre.
2 Answers from Attorneys
you can do nothing for her. if she is competent and wants to try to save the marriage, it is up to her. if she is not competent, hire an attorney if you desire to be her guardian.
She can try to delay the finalizing of the divorce until she ends her medical treatment. While married both parties are obligated to support their spouse. She can ask for temporary spousal support to help her while she is in treatment.
In the State of Texas, if one party wants a divorce the judge will eventually grant it.
If he files for divorce, she needs to accept the lawsuit paperwork. She needs to hire an attorney to represent her. There are plenty in the Austin area. Look on this website & www.avvo.com for a family law (divorce) attorney.
This is a short term marriage and there is nothing she can do to make him "take care of herself for the rest of her life". Community assets and liabilities started when she married in December 2013. Everything they had before the marriage is their separate property. I assume she does not have a pre-nuptial agreement.
It appears they live in Austin and that is where the divorce should be filed. Houston is not her home if she only comes here for treatment.
As an 11 year breast cancer survivor, I wish her all the best and I pray for her full and complete recovery. I know that this is a very scary time for her. She needs to have good friends and family around her for moral support.
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