Legal Question in Family Law in Texas

Uncontested Divorce

Hi, my husband and I moved to the States in January of this year. He is on L1 visa and im on L2.We are married under 1year. Apparently. he wants a divorce and we were recommended to that uncontested divorce would be the easiest way for us. We live in texas but dont own a house, but have a shared bank account which we opened up after marriage and so we plan on divding the assets 50-50.We bought a car(not long ago) in full cash costing 15000, and he wants to keep it but since I have a title to it also I would like have of the cash value for it so then he can keep the car(is that possible to ask for?). I plan on moving out since we have talked about it. We dont have much shared property except for the above mentioned. So I dont expect any spousal support from him . I plan on moving back to Canada and seperate from him since I know that I will lose my L2 visa once we go through with the divorce . Is there anything else that I should consider? Will the divison of assets affect my taxes or not since I didnt work over the time we have lived in the US?

Plus is it possible for us to draft our agreement rather than having a lawyer doing so since we have not much shared properties? We are be civil about this.

Thanks.


Asked on 7/18/08, 2:21 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Uncontested Divorce

I commend you for being civil, and finding a way to resolve a tough situation in a reasonable way. You are entitled to some reimbursement for the car before releasing the title. The amount will need to be negotiated, since it has depreciated somewhat in value since the purchase. Yes, you are correct, you will lose your L2 visa. I don't know what Canada requires in terms of taxes, however, the divorce can be prepared in a way that does not adversely affect you with the IRS. You should retain an attorney to draft the pleadings and the decrees to assure both you and your husband that it is done properly. Attorneys frequently prepare agreed decrees, and retaining an attorney need not escalate the temperature.

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Answered on 7/18/08, 5:26 pm


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