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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2136
Experience:  Practicing Attorney with 10 years experience
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Do u understand family law in texas, no, no, i would like to

Customer Question

do u understand family law in texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, i would like to talk to the lawyer
Submitted: 9 months ago.
Category: Family Law
Expert:  Asad Rahman replied 9 months ago.

Yes, I am fairly familiar as I practiced family law in Texas for 4 years.

Customer: replied 9 months ago.
hiif we were married for 1 yr, and after that, my spouse has abandoned me for good and i have proof of that. its been 6 yrs that she is not staying with me and if i want to file fo divorce, based on texas law, what part of assets and my earnings are considered community property? after she has deserted/abandoned me, all teh money i have earned after that, do i have to split it with her or no, ?
Customer: replied 9 months ago.
Expert:  Asad Rahman replied 9 months ago.

Basically any income and assets purchased the day after you married are part of the community property. Yes, even if you were separated and no court order was in place then 50% of that income is also to be split with her. Any gifts you received directly i.e. an inheritance are not community property though.

Customer: replied 9 months ago.
I have not had any property or assets purchased before , during or after marriage, i m mainly talking about my salary and my savings after she ran away, also. she started working after she separated from me,i have not received any substantial gifts... and have no my life
Expert:  Asad Rahman replied 9 months ago.

So any income and savings she can claim as community property but you can also claim the same from her.

Expert:  Asad Rahman replied 9 months ago.

Although you were separated, you needed to file in court to be legally separated in order to avoid the ongoing community property issue.

Customer: replied 9 months ago.
what does filing legal seperation mean? is that difference from a divorce?
what if i file a fault divorce and it is proven that she has abandoned me.and is proven in court,I can understand splitting income/ savings for the time she was living with me for one year but what about the time after she abandoned the marital home and not fulfilling living as a spouse willfully
Customer: replied 9 months ago.
i do also have a ongoing legal case in another country which i have filed for divorce and that was filed in 2011 and still ongoing, wont that be good enough to state to the judge in texas that a legal seperation has already taken place with no intention to be as a husband wife.
Expert:  Asad Rahman replied 9 months ago.

Legal separation leaves open the door for reconciliation as opposed to divorce. I think once you file you ask the judge to simply order the divorce and each party retain ownership of what they currently have. It is hard to say what the impact of your foreign case would be.

Expert:  Asad Rahman replied 9 months ago.

Let me know if you have any additional questions. Otherwise a positive rating of 5 stars would be appreciated.

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