Advice please

[jhilltx]

What is the name of your state (only U.S. law)? Texas
I am asking this for a friend. She is currnetly seeking a divorce, but a family friend who is an attorney, told her she can not get divorced due to several conditions. first she has the only working vehicle ( he wrecked his), second he is currently waiting on a job assignment in the oilfields, third he is scheduled for surgery on his ankle in a month. Due to these conditions, she was told this would be abandonment. Is this true? Are there any loopholes for her? Both of them have agreed to a noncontested divorce, but as she is the only one working money is tight. Any help or advice I can pass along would be greatly appreciated. Thank you.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Texas
I am asking this for a friend. She is currnetly seeking a divorce, but a family friend who is an attorney, told her she can not get divorced due to several conditions. first she has the only working vehicle ( he wrecked his), second he is currently waiting on a job assignment in the oilfields, third he is scheduled for surgery on his ankle in a month. Due to these conditions, she was told this would be abandonment. Is this true? Are there any loopholes for her? Both of them have agreed to a noncontested divorce, but as she is the only one working money is tight. Any help or advice I can pass along would be greatly appreciated. Thank you.

Have your friend post here - since something is undoubtedly getting garbled in this game of Telephone.

None of those things preclude her getting a divorce - particularly when they've agreed to an uncontested divorce.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas
I am asking this for a friend. She is currnetly seeking a divorce, but a family friend who is an attorney, told her she can not get divorced due to several conditions. first she has the only working vehicle ( he wrecked his), second he is currently waiting on a job assignment in the oilfields, third he is scheduled for surgery on his ankle in a month. Due to these conditions, she was told this would be abandonment. Is this true? Are there any loopholes for her? Both of them have agreed to a noncontested divorce, but as she is the only one working money is tight. Any help or advice I can pass along would be greatly appreciated. Thank you.

I agree with the answer that you got from Misto...with one proviso. If her job provides the health insurance a judge might very well delay a divorce until his outstanding medical issues are resolved.

 

[mistoffolees]

I agree with the answer that you got from Misto...with one proviso. If her job provides the health insurance a judge might very well delay a divorce until his outstanding medical issues are resolved.

Yes, but the surgery is a month away. if they file for divorce tomorrow, it's going to take several times that long to get divorced, so it won't stop them from filing - which is what OP said.

Furthermore, they could still get divorced and he could get insurance via COBRA after the divorce, so it shouldn't stop them from getting divorced anyway.

 

[nextwife]

Yes, but the surgery is a month away. if they file for divorce tomorrow, it's going to take several times that long to get divorced, so it won't stop them from filing - which is what OP said.

Furthermore, they could still get divorced and he could get insurance via COBRA after the divorce, so it shouldn't stop them from getting divorced anyway.

However, if he can't work right now due to medical issues, he may be able to ask for some temporary spousal support from her of he's not getting disability payments. They are still married and spouses do have an obligation to support each other

 

[mistoffolees]

However, if he can't work right now due to medical issues, he may be able to ask for some temporary spousal support from her of he's not getting disability payments. They are still married and spouses do have an obligation to support each other

I agree. But the attorney allegedly said that they couldn't even FILE for divorce because he was having surgery (and he wrecked his car, and so on).

There might be all sorts of reasons that it might make sense to hold off, but it is not likely that the attorney really said that they can't FILE for divorce because he wrecked his car.

 

[20pilot]

There might be all sorts of reasons that it might make sense to hold off, but it is not likely that the attorney really said that they can't FILE for divorce because he wrecked his car.

You are ASSuming that the attorney knows what he is talking about. For example, if you go and ask a patent attorney about divorce, do you really think you can count on top notch advice?

 

[mistoffolees]

You are ASSuming that the attorney knows what he is talking about. For example, if you go and ask a patent attorney about divorce, do you really think you can count on top notch advice?

Obviously.

In any event, the person involved needs to post here so those questions can be asked - not a third party.