How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
Type Your Family Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

Im 34 years old my husband is 44 and we reside in TX. My

Resolved Question:

I'm 34 years old my husband is 44 and we reside in TX. My husband is an overseas U.S contractor and has worked oversese since 2006. We have 2 children together and I had a son before I met him. We have been married since Jan 2 2007 but he lived with me since Sept. 2000. I found out last year he cheated on me. I am currently pregnant with our third child. My husband annonced last week that he wants a divorce because I'm not forgiving him fast enouh and I'm always sad. I just found out that he was married from the time we met until May of 2006(no wonder he kept putting off getting married). I'm currently a homemaker that hasn't worked since he started working overseas to take care of the family he told me he wanted. I'm in school now finishing up my accounting degree and I still have a year and a half to go(God willingly). I am terrified because I don't have anything or any family to turn to. All my immediate family died between 2007-2012. He has made over six figures every since he started overseas work in 2006 but he only sends 20-30K home every year. I don't know what happened to the rest of the money. I believe he has cheated on me throughout our whole relationship. He spends lots of money on other women(computers, money for sexy pictures, breast inplants...etc.) and online web sex sites. He started a modeling business as a front for all these activities. But the business lisense hasn't been paid since he started it and the business hasn't made any money. He says he will file for divorce seeing I don't have any money and no control over our money. He says he will tell the court he commited adultery. I have a lilttle money(and I mean a little) put to the side. Should I file first? I ask this because while he is overseas he can't use any Army legal services so he will have to wait until Dec. when he comes home. I'm also due in Dec. I want to finish school can I stall the divorce if he files first. I need a plan of action to come out with the best outcome for me and my children. I have been faithful to this man to the point of depression from being alone to keep temptation away. I don't want to hurt him finanically or take everything from him I just want to protect my children until I'm able to stand up on my own. It is some of my fault I wasted 13 years of my life but I trusted him. Please help.
Submitted: 11 months ago.
Category: Family Law
Expert:  Joseph replied 11 months ago.

Should I file first - From a legal perspective, it makes little difference who files first. Whether to file first really comes down to whether you believe getting the matter into court more quickly may be helpful. If you believe you have something to gain by getting into court quickly, then file first. As an example, if you believe he should be sending more than "20 - 30K" home, then you might want to file quickly so you can have the judge require him to send more.

.

Can I stall the divorce - Yes, there are certainly things that can be done to slow the divorce down. For example, you could get fully engaged in financial disclosures and request everything from him. Additionally, you might conduct depositions of all relevant witnesses, you could file multiple motions, you could go to mediation and you could set multiple hearings, all of these things could slow the process. And, of course, him being out of the country may slow things as well.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Customer: replied 11 months ago.


What would I be granted based on my information financially? If he admitted to auldtuery(to the courts) does that normally play a part in how much I will get, in TX? Is there a way to make him pay for the divorce since he earns all the money currently?

Expert:  Joseph replied 11 months ago.

Allegations of adultery play a nominal role in the divorce action. If one party can prove adultery, then the court might award an increased amount of spousal support and something more in the distribution of property. However, the difference would likely not be terribly significant and, of course, adultery can be difficult to prove.

.

And yes, it is possible that your spouse would pay your attorneys fees. In general, the burden is needs versus ability to pay. In other words, if you can demonstrate that you have a need for financial assistance and he has the ability to provide that assistance, then you might be awarded attorneys fees.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 7 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney