Divorce

[Imdone1113]

I live in Texas and I need some advice about my rights in a divorce. My husband and I have been sleeping in separate bedrooms for the last year and a half. This is because I have learned that he is seeing prostitutes and has been for a long time. I have emails printed out from his email box that show this to be true and he has been emailing them from his private email from his state owned computer at work, which of course is illegal and a state agency violation and grounds for immediate termination.

In the past he has refused to get my medications for me and give me any cash. Is there any way I can file "financial abandonment" charges against him? I don't have the money to file for a divorce.

I have confronted him with the emails he's been sending and have told him that I'm aware of the ramifications of what he's been doing from a state owned computer.

If anyone can give me some advice on what I can do, I would really appreciate it so much.

Thank you.

[JETX]

Originally Posted by Imdone1113

Is there any way I can file "financial abandonment" charges against him?

No such thing in Texas.

I don't have the money to file for a divorce.

There are LOTS of indigent legal services available to you. Contact your county bar association.

You can also go online and purchase, or go to your library and get, a copy of the following:
[url=http://search.barnesandnoble.com/booksearch/isbninquiry.asp?EAN=9780944508701]How to Do Your Own Divorce in Texas, 2009-2011, Ed Sherman, Book - Barnes & Noble[/url]

[mistoffolees]

Originally Posted by Imdone1113

I live in Texas and I need some advice about my rights in a divorce. My husband and I have been sleeping in separate bedrooms for the last year and a half. This is because I have learned that he is seeing prostitutes and has been for a long time. I have emails printed out from his email box that show this to be true and he has been emailing them from his private email from his state owned computer at work, which of course is illegal and a state agency violation and grounds for immediate termination.

In the past he has refused to get my medications for me and give me any cash. Is there any way I can file "financial abandonment" charges against him? I don't have the money to file for a divorce.

I have confronted him with the emails he's been sending and have told him that I'm aware of the ramifications of what he's been doing from a state owned computer.

If anyone can give me some advice on what I can do, I would really appreciate it so much.

Thank you.

In addition to Jetx's advice, be very careful about making an issue with the state-owned computer. Depending on circumstances, his losing his job could hurt your financial future directly - even if you divorce him. Alimony and child support could both be significantly affected if he doesn't have a job.

[JETX]

Originally Posted by mistoffolees

Alimony and child support could both be significantly affected if he doesn't have a job.

As expected... from this forum 'troll'.... WRONG!!!

Texas does not have ALIMONY!!! Texas does however recognize family MAINTENANCE... but it is only available in limited conditions.

"Maintenance" means an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse. In a suit for dissolution of a marriage, the court may order maintenance for either spouse only if one of the following apply:
(1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence under Title 4 and the offense occurred within two years before the date on which a suit for dissolution of the marriage is filed, or while the suit is pending;

(2) the duration of the marriage was 10 years or longer, the spouse seeking maintenance lacks sufficient property, including property distributed to the spouse under this code, to provide for the spouse’s minimum reasonable needs, as limited by Section 8.054, and the spouse seeking maintenance:
(A) is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability;

(B) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because a physical or mental disability makes it necessary, taking into consideration the needs of the child, that the spouse not be employed outside the home; or

(C) clearly lacks earning ability in the labor market adequate to provide support for the spouse’s minimum reasonable needs, as limited by Section 8.054.

It is presumed that maintenance under section (2) is not warranted unless the spouse seeking maintenance has exercised diligence in:
(A) seeking suitable employment; or
(B) developing the necessary skills to become self-supporting during a period of separation and during the time the suit for dissolution of the marriage is pending.

This section does not apply to a spouse who is not able to satisfy these presumptions because the spouse has an incapacitating physical or mental disability or is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability.

[nextwife]

My husband doesn't usually give me any cash either. Nor do I give him cash.

You don't state if you are working or if not, why.

[Bali Hai]

[quote=JETX;2405085]As expected... from this forum 'troll'.... WRONG!!!

Texas does not have ALIMONY!!! Texas does however recognize family MAINTENANCE... but it is only available in limited conditions.

I wonder how many paying Texans don't deduct the "maintenance" on their federal income taxes because there is no line item for maintenance.

The IRS refers to these payments as alimony.

Changing the name to maintenance to make it socially acceptable, politically correct, more palatable and to just plain blow smoke, does not change the fact that it is ALIMONY!!

[mistoffolees]

Originally Posted by JETX

As expected... from this forum 'troll'.... WRONG!!!

Texas does not have ALIMONY!!! Texas does however recognize family MAINTENANCE... but it is only available in limited conditions.

Who the heck cares whether you call it alimony or family maintenance? It amounts to the same thing-or at least close enough that your 'WRONG!!!!' attack is meaningless and your name-calling is misplaced. Even Bali got it right this time.

And I never said that OP would get alimony - simply that it could affect a number of things INCLUDING alimony and child support. For that matter, it could affect property division. While Texas is a community property state, the judge can divide things in a ratio other than 50:50 based on a number of factors. If OP costs stbx his job, the judge just might penalize her in the property division part.

The point is that OP might want to get vengeance by costing stbx his job, but it might well be a terrible move on her part.

[Bali Hai]

Originally Posted by mistoffolees

Who the heck cares whether you call it alimony or family maintenance? It amounts to the same thing-or at least close enough that your 'WRONG!!!!' attack is meaningless and your name-calling is misplaced. Even Bali got it right this time.

And I never said that OP would get alimony - simply that it could affect a number of things INCLUDING alimony and child support. For that matter, it could affect property division. While Texas is a community property state, the judge can divide things in a ratio other than 50:50 based on a number of factors. If OP costs stbx his job, the judge just might penalize her in the property division part.

The point is that OP might want to get vengeance by costing stbx his job, but it might well be a terrible move on her part.

"Even Bali" got it right this time???

I'm right most of the time and I would appreciate some recognition for that other than in the form of justifying your position.

Just a simple, "you are right Bali, Bali is the greatest" would suffice.

[mistoffolees]

Originally Posted by Bali Hai

"Even Bali" got it right this time???

I'm right most of the time and I would appreciate some recognition for that other than in the form of justifying your position.

Just a simple, "you are right Bali, Bali is the greatest" would suffice.

That's a shame. I was going to say: "you should listen to Bali, Emperor of the Universe who knows everything about everything and has never been wrong", but if you insist, I'll settle for 'you are right, Bali.'

[Proserpina]

Originally Posted by Bali Hai

"Even Bali" got it right this time???

I'm right most of the time and I would appreciate some recognition for that other than in the form of justifying your position.

Just a simple, "you are right Bali, Bali is the greatest" would suffice.

That's a little...creepy.... the whole first-to-third-person thing?!

[JETX]

Wow.... two forum trolls (who are very seldom correct about anything) simply applauding themselves.... and giving 'at-an-idiot' posts to each other. Talk about the silence of clapping in a room full of deaf persons???

[mistoffolees]

Originally Posted by JETX

Wow.... two forum trolls (who are very seldom correct about anything) simply applauding themselves.... and giving 'at-an-idiot' posts to each other. Talk about the silence of clapping in a room full of deaf persons???

So your rationalization for your behavior is that you can't defend the fact that family maintenance and alimony are essentially the same thing, so you resort to groundless name calling?

Figures.

[Bali Hai]

Originally Posted by JETX

Wow.... two forum trolls (who are very seldom correct about anything) simply applauding themselves.... and giving 'at-an-idiot' posts to each other. Talk about the silence of clapping in a room full of deaf persons???

Calling it "Family Maintenance" is nothing more than an attempt by the legislature, women's movement and judiciary to brainwash the ignorant and hide what it REALLY is, ALIMONY!!

Ride 'em cowboy!!

[LdiJ]

Originally Posted by JETX

Wow.... two forum trolls (who are very seldom correct about anything) simply applauding themselves.... and giving 'at-an-idiot' posts to each other. Talk about the silence of clapping in a room full of deaf persons???

JETX, you have very little room to talk about getting things wrong.

[JETX]

Originally Posted by LdiJ

JETX, you have very little room to talk about getting things wrong.

Aww.... did you get up on the wrong side of the freeway this morning???

Let's be clear on this.... YOU can call alimony anything you want... EXCEPT when it comes to the law. Law is VERY word specific. You file a claim for ALIMONY in Texas... and it will get denied... since Texas doesn't recognize ALIMONY!!

Also, as noted in my post, Texas has some pretty rare REQUIREMENTS to meet the spousal MAINTENANCE issue. We have NO evidence that any of those REQUIREMENTS apply in the OP's case.... and yet some of the forum dweebs seem to IGNORE this FACT.

Get your facts together before showing your ignorance.