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Im married and am probably about To go through a devorse I…

I'm married and am probably...
I'm married and am probably about To go through a devorse I stopped paying on my car that my wife drives. Her name is XXXXX XXXXX car as a co driver to help her credit. Wellshe want get a job so ther for I told her I wasn't going to pay the payment. What will happen to me. They got a lawyer probably to file for divorce and to get that car to wear I have to pay for it. What will happen or what can happen
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Answered in 4 minutes by:
11/1/2012
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello, my name is Ely. I am here to help you. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear. There may be a slight delay between your follow ups and my replies as I type out a thorough reply for you.

I am sorry for your situation.

If both of your names are XXXXX XXXXX car, then it sounds like the vehicle is marital property pursuant to Tex. Family Code Sec 3.001 and 3.002, et seq. As such, the car belongs to both of you.

You have no obligation to pay for the vehicle. If she gets the vehicle in the divorce, then she has to pay for it. The Court is not generally going to make you pay for the vehicle unless you get it in the divorce. So their threats are actually more "bark than bite," and you are not in any danger from the Court for not paying on the vehicle.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Family Law Specialists are ready to help you
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Customer reply replied 5 years ago
Ok thanks. I have one more question. If they make stuff up about me can a lawyer have something done to stop me from seeing my kid. I have no priors have never been in trouble. Her mother told my mom that I have said sexual things to my 3 year old. It is all lies. What will happen if they go lie about me to a lawyer and try to keep my kid from me
The answer is YES. If the attorney convinces the Judge that you have been inappropriate with your son, your visitation may be limited to no overnights and/or supervisory only.

You may wish to retain counsel yourself, so as not to be overwhelmed by her attorney's attacks. Please, consider this referral service:

http://www.texasbar.com/AM/Template.cfm?Section=LRIS_Online_Referral_Form

...the attorneys are vetted and qualified and the service is free. Then you can cross-reference the name(s) on www.avvo.com for client reviews, Bar history, and metrics.

Doing this, you should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ask Your Own Family Law Question
Customer reply replied 5 years ago
Hey I have another question Me and my wife are actually going through with the divorce and she is seeking alamoni. I read on the Internet that if the person seeking the alamoni can try if they have been a victim of domestic abuse. My wife called the cops on me say 2 years ago and told them I hit her. Not true. But my question is I was never convicted of domestic violence It was reduced to a class c mistameanor And have nothing on my record saying anything about that situation. Does she have grounds to get alamoni from me even though I was never convicted of that crime
Have you been married for ten or more years?
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Customer reply replied 5 years ago
No 3 years
What year of your marriage did the family violence occur AND what happened in the end? Did the charge get dismissed, or, did you get deferred adjudication?
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Customer reply replied 5 years ago
2010 was the year and it was reduced to a class c misdemeanor and I payed a fine
Okay, thank you.

It is VERY important that you check the dates on this, first of all. WHEN the matter was settled, and WHEN she filed for divorce.

First of all, it sounds like you received a conviction for the charge. If you paid a fine, then likely you got a conviction. Double check on this.

According to Tex. Fam. Code Sec. 8.051, if you were convicted for the charge that could be defined as domestic violence IN TWO YEARS before the divorce, then she can can request alimony.

So check:
1) if you were convicted or not, and
2) if so, if it was WITHIN 2 YEARS of the matter ending and her filing.

If so, even then, alimony is only ordered if it is needed, per the following subjective factors:

(1) the financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse’s ability to meet the spouse’s needs independently;
(2) the education and job skills of the spouses;
(3) the length of the marriage;
(4) the age, employment history, earning ability, and health condition of the spouse seeking maintenance;
(5) the ability of the spouse from whom maintenance is requested to meet that spouse’s personal needs;
(6) the dissipation of any marital assets;
(7) the financial resources of the spouses;
(8) the contribution by one spouse to the education or earning capacity of the other;
(9) any pre-marital property;
(10) the contribution of a spouse as homemaker;
(11) Any marital misconduct of the spouse seeking maintenance; and
(12) the efforts of the spouse seeking maintenance to pursue available employment counseling.

So she may not even get it, even if she is eligible for it.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
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Customer reply replied 5 years ago
I was not convicted it never went to court. The d a told me it want go on my record and I just checked my record and there is nothing criminal on my record so therefor I couldn't have been convicted. I mean I just bought a pistol last week. If I have a domestic violence charge I couldn't have even purchased the pistol
Okay friend - good - thank you.

She only even qualifies for consideration of alimony if:

-you have been convicted of domestic violence within 2 years of the filing for divorce; or
-she or a child she has special physical or mental needs; or
-you have been married for 10+ years.

Since neither is the fact, she cannot get alimony here.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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