Legal Question in Family Law in Texas
My stepmother is ruining my dad's life. He makes very good money, and he's been working at the same job for 23 years. He had plenty of money saved up before he married my stepmother. And he had a college fund for me. Well, she spent all of my college fund. She spent all of his savings. Now I find out that she spent ALL of his 401k that he's been accumulating for 23 years. Now my dad can't even retire when he was supposed to. Not only has she ruined him financially, she has ruined his reputation by slandering his good name. She has abused me physically and emotionally when I was still living at home. And here very recently she has told my mother that she hates me and that she's going to kill me. She recently STOLE my dad's compound bow, saw, and arrows and pawned them. She had my dad arrested recently because of "abuse". My mom was there and he did not abuse her in any way. He thought she was drunk and passed out. He just shook her head around a little trying to rouse her. She called the police on him and now he has that on his record. He's never even had a traffic violation or speeding ticket in all of his life. He is a kind, gentle man who has just let my stepmother slowly ruin his life over the past 8 years. Now it looks like they will be getting a divorce. I'm afraid of a lot of things. I'm afraid that when he changes the locks and puts her things in the garage that she will destroy his windows, truck, boat, whatever she can get her hands on. I'm afraid that if and when they get a divorce that she'll take what little he has left. With all of the information I've given you is there ANYTHING I can do to stop her?
1 Answer from Attorneys
No. It's up to him. When he files for divorce, he should seek an emergency temporary restraining order keeping her away from the house. If there is a TRO in place and she shows up, law enforcement can arrest her then and there and haul her away.
I think most of what he has is his separate property, so she probably is not entitled to much of anything he has left. Depending on what he allowed her to spend his money on, he might include a claim for fraud against her in his divorce petition. It probably won't amount to anything, but "don't ask, don't get."
I'm sorry this has happened to him. But he's a grown man and he let it happen. Just be there to give him support as he goes through a painful period ending this marriage.
Good luck!!
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