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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12957
Experience:  B.A.; M.B.A.; J.D.
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My husband has ptsd from being over seas with the Army..He

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My husband has ptsd from being over seas with the Army..He is also a Det for the Dallas Police dept. He seems to have gone off the deep end with this. We have fought for a few months now and he is now verbable abuseive and physical. No Im not stupid and yes i know I need to get out. I have two kids and I just went through a very bad surg. I havent worked in a few years I was a fire fighter and then i went through a police academy. so I know some of the law.. But what my problem is he is now cut me off from the checking account changed me from being beneficiary on all his paper work with the Army and PD. So now I have no means for any funds..And what happens if somthing happens to him at work..God this is a mess..The VA wont help me with the PTSD he is getting disability. He is trying to sell my van back to the bank and is not paying the house note so it will go into foreclosure. I cant leave him yet bc i really cant even walk around the house without haveing to get back in bed. I can move in with my family, but how is it that he can get away with all this?
Submitted: 4 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 4 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Could you clarify?

 

How was he able to change beneficiaries in his paper work with the Army and PD? By law, you are the primary beneficiary of his retirement accounts. He cannot designate anyone else a primary beneficiary without your written consent.

Customer: replied 4 years ago.
He told me this morning that he changed all his beneficiaries stuff with the City of Dallas and the Army..maybe he is blowing smoke i dont know. Im am his wife have been since 1997. My name is XXXXX XXXXX checking accounts and also contact info with his 401k pension with the union.. But he told me this morning that I have no rights to any of it now. I think he needs to be committed for help, but he wont get help. My mother thinks he is going to hurt me.. If I turn him in to his SGT. at dallas he will blow me off, and the Army is doing the same thing. Im screwed when it comes to getting any free legal help bc i fall through the cracks. I just need to know what is my first step other then i have to get out.
Expert:  Phillips Esq. replied 4 years ago.

 

Thank you for the clarification:

 

He told me this morning that he changed all his beneficiaries stuff with the City of Dallas and the Army..maybe he is blowing smoke i dont know. Im am his wife have been since 1997. My name is XXXXX XXXXX checking accounts and also contact info with his 401k pension with the union.. But he told me this morning that I have no rights to any of it now. I think he needs to be committed for help, but he wont get help. My mother thinks he is going to hurt me.. If I turn him in to his SGT. at dallas he will blow me off, and the Army is doing the same thing. Im screwed when it comes to getting any free legal help bc i fall through the cracks. I just need to know what is my first step other then i have to get out.

 

Response: He may as well be blowing smoke. However, if he did change his primary beneficiary designation on the accounts and your prior consent was not obtained, the designation would not hold up in any Court of Law. Second, if you get divorced now, you are entitled to some of his retirement benefits.

 

As for first step other than getting out: You would need to have an in-person consultation with a local divorce attorney to review your circumstances in detail and to tell you what steps that you need to take to protect yourself and preserve community/marital assets. Most attorneys offer free initial consultation.

 

Click here to find divorce lawyers in Texas:

 

http://www.lawyers.com/

 

http://www.attorneypages.com/

 

http://www.justia.com/

 

Unfortunately, Texas does not allow for legal separation. So, the only way that you would be able to get temporary order for support and maintenance would be to file for divorce first and then file the motion for temporary support. A Court Order would be the only way that you would be allowed access to the checking accounts.

 

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12957
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 4 other Family Law Specialists are ready to help you

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