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I have been married to my husband for 3 years. Yesterday he…

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I have been married...

I have been married to my husband for 3 years. Yesterday he just filed for divorce. 15 months ago my husband flat out told me he didn't want to have kids with me and refused to go for his first "test". My heart broke and I fell into a deep depression and ending up committing adultery and getting pregnant. The biological father disappeared and my husband took me back promising to raise her as his own. He went to every appointment, and gave her his last name a truly has been her father. I suffered from post partum psychosis and never received help. My baby i has been undergoing some tests the last 2 months for suspected spinal defects possibly spins bifida. My husband couldn't take the stress and said that he thought he could do it but if my baby is sick then it would drain his retirement. He suddenly wants to act as if he never agreed to be her father. He wants to sell our house we financed 2 years ago, and I will not receive a penny or any of our belongings because of the adultery, whether he had forgiven me or not.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I can't afford one. He had me removed from our joint accounts

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That my hubby is going to live rent free, and live with his rich daughter in a huge mansion for the rest of his life. He has been physically and emotionally abusive and doing this while my daughter needs my attention 100% gfor all of her specialist visits which are nearly everyday, is abusive and he thrives off it

Submitted: 8 months ago.Category: Family Law
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Answered in 3 hours by:
9/28/2017
Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

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

Your husband clearly has no grasp of Texas family law, and I strongly encourage you not to talk to him about what he thinks your rights are, because he couldn't be more wrong. Texas is a community property state. When spouses divorce, all assets are split fairly without any regard to marital fault. Tex. Fam. Code, Section 7.001. Even if the judge could consider fault when dividing property, your husband condoned the adultery by taking you back after he knew about it. He cannot change his mind and decide that he wasn't OK with it after all, then request a divorce on that basis. You've been legally forgiven, and that's the end of it unless you commit adultery again.

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Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago

When a married woman gives birth, the law presumes that her husband is the father. Tex. Fam. Code, Section 160.204. An acknowledgment of paternity cannot be taken back. By accepting the child as his and promising to raise her, he has made a binding promise to the child. He is legally the father. He can choose not to be a part of her life, but he will be obligated to support her unless or until the biological father appears and gets a paternity test.

You unfortunately are not eligible for spousal support in a three year marriage, but you will be able to use child support to help with your living expenses.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago

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