Legal Question in Family Law in Texas
Spousal Support
I retained a lawyer and filed for a divorce in May2008. We have been married for 10 yrs but not living together for the past 3 yrs. We do not have any children or assets together. My spouse found out she has cancer (last year), and my lawyer informed me that I would have to pay Spousal Support. My spouse will not sign the papaers because she wants more than the 20% alloted by law. How do I get this divorce finalized? The judge seems to be on her side because she got my spouse a pro-bono lawyer and is requiring me to pay spousal support before finalization of divorce. Final decree was supposed to be signed on 21Oct08 but nothing has happened yet. I've had to pay my lawyer and my spouse and I have not gotten results from either. I am seeking new counsel due to the lack of service. Do I have any options? Would it be wise to retain a new lawyer? How can I get this divorce final? My attorney will not return my phone calls. What is my recourse? Is it possible to reqest a different judge since I feel the one I have is not being fair or impartial? There is a lot more to this but I have hit the most important issues. Please advise.
1 Answer from Attorneys
Re: Spousal Support
It is actually very simple. She is not obligated to sign an Agreed Decree. Without her agreement, then the case will not be finalized until after it goes to trial. Trials are very expensive, and time-consuming. You may want to try mediation to get this on a faster track, and in exchange for a speedy resolution, give up more than you are otherwise obligated to do.