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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27231
Experience:  Lawyer
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My husband has his own company and i was financially able to

Customer Question

my husband has his own company and i was financially able to stay at home. i am wanting to leave , we have 3 children in the home. where do i need to start if i cannot afford anything?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: No i am waiting
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have been emotionally unstable ( have gotten treatment on my own will) and worried that he will be able to take everything from me- which he has made clear before.
Submitted: 23 days ago.
Category: Legal
Expert:  Lucy, Esq. replied 23 days ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You have a right to half of all assets acquired during the marriage, including half of any retirement accounts your husband paid into and all bank accounts. On top of that, you will have a right to child support if you remain the custodial parent - which is likely since you've been the primary caregiver all this time. And if you've been married at least 10 years, you also have a right to spousal support. Even if your husband controls all the finances, the marital assets are half yours. What you could do is file a Complaint for Divorce along with a Motion for Attorney's Fees, asking a judge to order that your husband advance enough of your share of the assets to pay for your lawyer. That helps ensure that you're on equal footing during the divorce.

You also have the ability to file a Motion for Exclusive Use and Possession of the Marital Home so the children won't be disrupted by a move in the middle of the school year, and a Motion for Spousal Support Pending Litigation, so you can support yourself until things are finalized. Texas is a community property state. He can't take everything. The law is very clear that you each get half.

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