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SoloLawyer
SoloLawyer, Lawyer
Category: Family Law
Satisfied Customers: 2949
Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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My state of residence: Texas I got married back in 09/2011.

Customer Question

My state of residence: Texas
I got married back in 09/2011. My wife received her Conditional Permanent Resident card and then left me in 04/2012. Its been over 3 months, she has not come back home. I am wanting a divorce from her (Both religious and legal). The problem is that she is not responding to the calls/door knocks. I have few questions:

1) Will it be a problem if i wait for her to file a divorce, lets say she doesn't file it for another 1-2 years? Will i suffer financial damages, if she files herself at a later time?

2) Also if i file a divorce on grounds of insupportability and she files an answer that i abused her, beat her up etc etc (Which is all going to be a lie), will it hurt me? What will happen to the case? Will i have to defend all the charges she will put on me?

3) IF i am out of the country and she files for divorce in my absence, and accuses me of abusing and battering her, and i am not in the country to defend it. What will happen?

BTW there are no kids from this marriage, no community property.
Submitted: 2 years ago.
Category: Family Law
Expert:  SoloLawyer replied 2 years ago.

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

I'm sorry to hear about your problem. I'll answer each question separately.

SoloLawyer :

1. It's probably not a good idea to wait. There is no telling what will happen to your finances during that time period. Remember, everything that you make during the marital relationship can be considered marital property. It's probably a better idea to get things moving quickly.

SoloLawyer :

2. The Judge will consider all of the facts in the case. If she alleges that you abused her and she backs it up with evidence, the Judge will consider that when making the award. You won't have to "defend" any charges (this is not a criminal matter), but you may have to show the Judge that they are untrue.

SoloLawyer :

3. If you are out of the country, she can get a divorce in your absence. This would basically mean that she would be granted what she wants in the divorce. That is why it is a much better reason to go ahead and file yourself if you are going to get a divorce.

SoloLawyer :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael

Customer:

For the religious part of the marriage, there is this amount of money $5000.00 that is called Mehr. This money has to be given to the bride when divorcing. This document was signed by me according to laws in Pakistan, and not in USA, since the Islamic marriage took place in Pakistan. Do you think she will use that document to claim $5000 at the time of divorce?

Customer:

Also , my earnings were shared with her in the form of cash and back transfers (I have a proof with me). After taking out living expenses, i dont have any money left in my accounts. I am just fearful that judge will award her basically some ridiculously large sum of money and i will be left with nothing.

SoloLawyer :

I have no idea whether she will claim it or not. I'm not sure a Judge would uphold that type of contract in a US divorce.

SoloLawyer :

In the monetary scenario that you described, I doubt the Judge will award you a large sum. Texas is a community property state, so everything should be split fairly.

Customer:

I am not worried about me getting awarded. She is BROKE. I am worried about her getting awarded

SoloLawyer :

I mistyped. I meant I doubt the Judge will order her a large sum, because you don't have a large sum to give. The Judge will split the assets 50/50 based on State law.

SoloLawyer :

Can I answer anything else for you?

SoloLawyer, Lawyer
Category: Family Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
SoloLawyer and 9 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
One more question for you:
What happens if i file for a divorce, based on insupportability discord and conflict? I think she may or may not file an answer. What if she does file an answer and accuse me of something i didn't do. Will i run out of options once the original petition for divorce is filed ? Can i modify my original petition to include what she did to me? I Just wanted to avoid playing blame games and wasting my money. I am only concerned that if i file a petition, based on Discord & Conflict and she comes back with blames on me... what will happen? At that point, can i involve attorney and modify petition?

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