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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 15523
Experience:  Just Answer consultant at Self employed
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My husband filed for divorce and I was mentally,

Customer Question

My husband filed for divorce and I was mentally, emotionally, and financially abused among other things including infidelity on his part. He is trying to do a do it yourself divorce and trying to keep all the vehicles and property and household items we purchased together and only offering $20,000 to walk away. the property itself is tax appraised for nearly 18,000 and I had to go buy my own car and bought a broken down trailer cause I can't seem to get an apartment at the moment cause housing is hard to get down in Beaumont where I moved because of Harvey. I need advice so I don't get screwed but at the same time I don't have money to get an attorney to represent me.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: 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: just that he is telling me I don't deserve anything more cause of the past but we both made mistakes in the past.
Submitted: 11 months ago.
Category: Legal
Expert:  legalgems replied 11 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 11 months ago.

I am very sorry to hear this; how long was the marriage for? Was most property acquired during the marriage?

Customer: replied 11 months ago.
23 years. We bought several in Putnam TX 200 W Travis, 144 Travis, 136 Travis and*****Putnam Tx 76469. Also there is a 2013 Ford Mustang, 2001 Dodge Ram, 1983 Gmc 3500, 1980 Chevy pick up and at least 4 or 5 more purchased and either sold or hidden since I left. There was a Mercedes in there too. I had to buy my own car cause I was driving the truck and he told me to trade James for the mustang which consequently died shortly after I acquired it. I didn't have enough to fix it and he didn't buy extended warranty so I had to buy a car to get me to my new job. Also all the appliances I bought for our house with either my bonus money or with inheritance money but I'm not getting any of it according to his offer. This also includes tractors and mowers etc that he purchased to maintain said properties. I understand in the state of Texas Alimony is available yet I'm not getting that according to his paperwork. In one email he said he'd keep me on the health insurance even after the divorce but it wasn't in that paperwork so I don't believe him.
Customer: replied 11 months ago.
Also on the 401k he is offering me $20000 just to go away and his 401k has at least $75k if not more and according to state law I'm entitled to half
Expert:  legalgems replied 11 months ago.

Since divorce is an adversarial process it is wise to treat the other party as the opponent as they are looking out for their interest, which by definition are not the same as the other parties.

Texas is a community property state so this means that the court will consider that all property acquired during marriage is marital, except for that which was owned prior to marriage, or acquired by inheritance/gift.

The court will divide the court in a fair and equitable manner which is not necessarily equal; the factors the court will consider may include:

The income and property of each spouse at the time of the marriage, and at the time of the divorce;
The length of the marriage and the age and health of both spouses;
If there are minor children involved, the need of the spouse who has custody of the children to live in the marital residence and to use or own its household contents;
The loss of inheritance and pension rights of each spouse because of the divorce;
The loss of health insurance benefits of each spouse because of the divorce;
Any award of support or maintenance the court will be making;
Whether one spouse made contributions to marital property that the spouse does not have title to; for example, where one spouse helps the other spouse increase their ability to earn more money by getting a degree, license or certification;
The liquid or non-liquid character of all marital property (“liquid” means that the property can easily be converted to cash);
The probable future financial circumstances of each party;
The impossibility or difficulty of determining the value of certain assets, like interests in a business, and whether one spouse should be awarded the business so it can be run without interference by the other spouse;
The tax consequences to each party;
Whether either spouse has wasted or used up any of the marital property while the divorce was ongoing;
Whether either spouse transferred or disposed of marital property at less than market value, knowing that the divorce would be happening;
any other factor the court deems relevant.

So as you can see, the individual judge assigned to the case has great discretion, so it is difficult to predict in advance what the judge may rule. An attorney that is familiar with the particular judge may be better able to provide an estimation based on the judge's past rulings.

Most insurance policies will not insure a former spouse as a matter of their internal policy.

As for spousal support you are correct; the spouse that has earned less may be awarded alimony in the amount the court determines to be fair.

The court can also award one party legal fees to level the playing field, so the spouse can hire an attorney and request the other spouse pay for the fees; representation is key so one has an advocate to protect one's interests.

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Expert:  legalgems replied 11 months ago.

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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