Legal Question in Family Law in Texas

I'm in Texas (not too far from houston). I am in the middle of a divorce, I am pro se but my spouse has an attorney. We have exchanged discovery but they continue to ask for more stuff and more discovery. I am not going to provide any more stuff (documents of all sorts and I have provided many documents already) � my spouse is emotional and bitter and has money to burn and the attorney is just trying to prolong it to get as much money as possible. The things that they are asking for I am willing to go 50/50 but they think I am not willing to give her 50/50 but actually that's cool because I know that is the law. However, there is one thing I do not agree with and that is the issue of future earnings. They are asking for 50% of all my future earnings as well so my question is: Does the law allow this? Since I am not providing any more stuff I know a default judgment against me is on the horizon which will give the spouse all they are asking for. Will the judge award 50% of future earnings in a default judgment? This is money that I have not earned and I don't even expect. I have an invention in my head (no one knows but me) that will be very lucrative once I put it together and get a patent for it and if is successful I don't want to give her 50% of it if we are no longer married because if it is not successful I know she doesn't absorb my losses. Also, how can I speed this process up without me providing any more stuff. Since I know a default judgment is on the horizon can I just file a motion for a pre-trial hearing to speed the process up? Also, if the judge award an unfair default judgment because I did not give any more stuff, can I appeal the decision based on the fact that the court was not equitable if the law does allow this foolishness? Would I then have to give more stuff? I know I asked several questions but my main question here is can a divorce judge award 50% of future earnings (money that has not even been earned)? Question clarification: I am not asking can a judge award 50% of current earnings that will continue to earn beyond the divorce - I know that is possible. My question is can 50% be awarded for something or earnings that has not even been created or thought of yet? I'm in Texas (not too far from Houston).


Asked on 1/09/11, 3:45 am

1 Answer from Attorneys

Bruce Zivley Bruce C. Zivley, Attorney at Law

The very simple answer is that you need to hire an attorney to represent you. Post divorce earnings are not divisible, but the Court, under certain circumstances, can provide for post divorce maintenance. Do not let a default divorce be taken against yourself. You will regret that for years to come. Neither I nor any other attorney can adequately prepare you to competently handle this yourself, pro se. That sould be obvious by what you are now encountering. I am a board certified specialist in the field of family law. If you would like to come in and discuss your case, please call me directly at 713-600-5500.

Bruce C. Zivley

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Answered on 1/14/11, 1:10 pm


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