You have to go to the pre trial and tell your story, that you do not want a divorce. The sad part is you cannot stop the process. You should state that you cannot go forward because material and relevant evidence has been withheld.
You have to file a Motion to Compel. ou have to send the other side interogattories first, with requests for production and then if you do not get it you can file the motion to compel. This is a process and you need to file things to be protected in order to protect your rights. Otherwise, the process will just move forward.
So, you need discovery. You have to send the other side things for this, like intergoatorries with requests for production. You have to tell the judge that you are on your own and you are trying to get the information you need and are learning the process. They may tell you to get a lawyer.
Go to the pretrial. Tell your story and try to put the trial off as long as possible.
I got a continuance stating I wasn't ready. One week is all.! The divorce petition is from the first time he filed last July 2011. Stating we HAVEN"T lived together since then. We have been living together since June 24, 2012 the year anniversary of my fathers death. He stole my families inheritance from my file cabinet. I am trustee!48k. I He loaded up all auto bought during the marriage on trailer. All that property was also title in the name of our living trust with me as main trustee. He can't do anything without my authority. and I can work alone without him. He belittled me, my father, my family....said godawful things. I was in shock. He only wanted my inheritance. He left. But I have since then slowly with help went and got each auto back. He has one to drive and he still has the trailer that is also titled in trust. He keeps saying its all his. He spent all the marital income rebuilding a 1968 camaro. When he left he was driving around the clubs drunk. He has given no money to me or the house since he left. Now mortgage is in default. Bills late. My car he was working on when he left so it sat in back yard not starting. He left me stuck here. So getting work or help I have to call family. I am lost. Shocked. Thats why I got the 2 autos and put in storage. And he has threatened me every day to give to him. Oh, that night he cussed me out he also twice said, he was taking all and moving back to Georgia. This is why I can't risk him taking the assets. Now because he stating over and over that his lawyer dropped the divorce and deceived me cause I never got served in order to know of dismissal by mail. Can't I protest that some way too? Also he has been coming around the house, trying to have sex, swim in the pool, he invites me to dinner and a motel to talk and have sex. Yes I went ahead and did it all. Recording and video. Because this is my reputation at stake with him filing cruelty. The worst thing I have done to him is yell at him for hiding more money. He has never given me access to income and spends so much. I struggle to support my self. He has been forcing me to use my own inheritance. I want him to have to honor his words. He made me do all his legal creditor work, taxes and kept all. I have an agreement that we typed that states he is commuting himself to the marriage at the time he verbally said forever but I typed 20 years. He had different things in it like counseling and when only thing is I got signature and thumb print but we never had it notarized.,
what should my next move be. Since we didn't have the hearing yet can I write a letter to the judge? Or when I do file a motion do the motions have to be one request per motion or can I list spousal support, motion to compel computer, and the biggest of all can I compel the cash inheritance that he admitted on audio to taking?
So, do you have a trial next week or is it another pre-trial. You need to send out interrogatories (questions) asking your husband to respond to each factual thing that concerns you. Did you take the $48k? Did you take our personal property? Did you have sex, etc. You need time to have these things answered. If it is a pretrial next week, you have to ask for mediation. This is a divorce, so you need to ask for spousal support and a property settlement. That can be done in the mediation or in the trial. You can also tell your story at the trial. The best thing you can do at this point is to get this case into mediation so a fair resolution can be reached without a trial. You also need some time to do discover, which is interrogatories and a deposition. You need to send out the interrogatories.
You ask about motions that need to be filed, but what you need at this point is information that you do not have. You could file a motion for temporary spousal support, but spousal support will be awarded at the trial anyway.
If you cannot send out interrogatories, then you can make your case before the mediator or at the trial. You will need to question husband on what happened, i.e., did you take money, etc. You will have to call your husband as a witness and ask him these things under oath in front of a judge. He can deny it, but the judge can decide if he is telling the truth. It would be easier for you to get this case into mediation to raise these issues in a less formal setting and try to resolve the case.
Your husband needs help. You know that already, but just thought I would start with that, as it is important. You can go to the pre trial and say that you need time because the interogatories just went out, you cannot find a lawyer since they are all out of town and most importantly, you have been trying to reconcile with your husband, who you believe now needs help. You want time for counselling for the marriage and your husbands situation. Also, you and your husband would prefer to go to mediatioin instead of trial, if that is the way it goes.
You need to go to court today, since it is probably too late to get a continuance. Your H might not show up. If he does, tell him you do want to reconcile, but first he needs to deal with the drinking. Tell him that you are willing to help him with this, since you love him and want it to work out. You are willing to try, but he has to agree to work with you. The real home run would be if you get him to agree to withdraw the case today. He can always start again if things do not work out.
There is hope here, as your husband is reaching out for help. He is caught in the quicksand of alcoholism and does not know what he is doing. That can be solved. My experience is that 12 step programs are not the greatest. Rehab is good, because it forces a detox, which the first step, but in the end there is only one way to quit drinking ... don't drink (at all). Simple as that. He wants to stop and get back with you.
Back to today. You have to appear. Ask for time for the reasons stated above. Be nice, calm and rational. When you see your husband, get him to agree to a withdrawal. Then when your case is called for this settlement conference (that is what a pretrial is, basically), you can tell the court that you and your H have decided to withdraw the case to try and work it out.
If he will not withdraw, buy time the way I said. Very tough for the court to move forward when you state on the record that you need a lawyer and you are trying to find one. Also, the open discovery (interogatories) means you are not ready for a trial. Finally, when you say you want mediation, the court should be receptive as they want as few trials as possible.
So now you have a game plan. Go in there and see how it goes.
You can go around the lawyer if you get your husband to agree to a withdrawal, which would be best. You need time. He can always start the case again later. Try that first, and if you have no luck, try to get an attorney over the next two weeks if you can. If you cannot, you will have to proceed on your own. If the other side does not agree to mediation, then it will go to trial. A trial is not as scary as it sounds, but you would be better off with a lawyer.
By the way, you did good getting the continuance. Now you need to get H to agree to withdraw the case. That can be done by filing a form. Then it is over.
As of now, is the TRO in place? You said YES in your first post. You have hearings coming up for temporary orders. What are these orders for?. The temporary orders hearing is on August 30. Your next move is to be ready for August 30. You also have to send out interrogatories as I stated in the first post. You need information.
If you have to go, you have to go. It says the TRO is issued. There has been a hearing on this. Fact is that house should be considered community property, since you lived there and put money in. That can happen even if you are out.
This is getting quite involved. You should retain an attorney in TX to guide you through this, as you are now in an emotional roller coaster and need someone to help you focus.
If you cannot afford an attorney, then send out the interrogatories on your own immediately. Then when you go to court, you can show that you are awaiting responses to discovery which have not come in. Also file a Notice of Drudgeries with the court.
When does the TRO say you have to leave? You need to read that carefully and see what is required. Be careful. If you leave, where will you go? Why did they grant the TRO? What did they say you did? How did you get him to leave?
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