Divorce answer

[Mrs. Hines]

What is the name of your state (only U.S. law)? Texas
My husband filed for a divorce two weeks ago. I am a full time student and I do not work, it's what my husband wanted. He has moved out of the house, but still pays the bills. He also took all of the money out of our joint account and left me with nothing. I had to get gas money and meal money from my parents. We have been communicating and he says that he may change his mind. In the mean time I have to file a answer to the courts. I can not afford a lawyer, and the courts can't help me. I do want to work this out with my husband and he says he may want to also, but I do not want to force him to be with me. With all that being said what does the answer contain and how to say it.

[mistoffolees]

Originally Posted by Mrs. Hines

What is the name of your state (only U.S. law)? Texas
My husband filed for a divorce two weeks ago. I am a full time student and I do not work, it's what my husband wanted. He has moved out of the house, but still pays the bills. He also took all of the money out of our joint account and left me with nothing. I had to get gas money and meal money from my parents. We have been communicating and he says that he may change his mind. In the mean time I have to file a answer to the courts. I can not afford a lawyer, and the courts can't help me. I do want to work this out with my husband and he says he may want to also, but I do not want to force him to be with me. With all that being said what does the answer contain and how to say it.

First, make sure you respond. If you don't respond, he'll get everything he asked for by default. While I obviously don't know your situation, it is not uncommon for someone who really wants divorce to keep saying that they'd like to work things out while preparing a very one-sided filing with the court. You MUST respond.

How can anyone tell you how to respond when we don't know your situation or what's in his filing? In general terms, you must either agree with or disagree with each item in his filing (and give a counter proposal if relevant). You should also make sure to include things that he left out - in some cases that might be child support, alimony, etc.

I would strongly encourage you to talk with an attorney. First, many attorneys will give you your initial consultation free. Even beyond that, it sounds like there are marital assets, so you can ask the attorney if he will agree to be paid from marital assets as determined by the judge. Many (but not all) attorneys will do that if there are enough assets that they can be sure they'll get paid. But, in general, most people can't afford NOT to have an attorney.

[Mrs. Hines]

I realize that I did leave some info out. We have been married for two years, we have no children, and his reason for filing is because I had been texting another guy. This guy is a friend that I grew up with and had not heard form in over 10 years, my husband said he felt that I cheated on him. The text were harmless just saying Hello, How have you been, or when is the last time you talked to.... Also my husband says that his whole issue is that I never told him about this guy so, he thinks I cheated. The only thing we have together is a car that I drive, he has his own. The house we live in was his before we even met.

[Ohiogal]

Originally Posted by Mrs. Hines

I realize that I did leave some info out. We have been married for two years, we have no children, and his reason for filing is because I had been texting another guy. This guy is a friend that I grew up with and had not heard form in over 10 years, my husband said he felt that I cheated on him. The text were harmless just saying Hello, How have you been, or when is the last time you talked to.... Also my husband says that his whole issue is that I never told him about this guy so, he thinks I cheated. The only thing we have together is a car that I drive, he has his own. The house we live in was his before we even met.

You need to get a job quite frankly. Any spousal support he MIGHT have to pay would be VERY VERY short term. And he can file because you have been texting a guy -- though texting is not a ground for divorce.

[mistoffolees]

Originally Posted by Ohiogal

And he can file because you have been texting a guy -- though texting is not a ground for divorce.

No, but he could argue for fault based (mental cruelty) or no-fault (marriage has become insupportable).

[Mrs. Hines]

Yes I agree that I need a job, and I have already found one and I will be starting next week. When he filed for the divorce, he filed a no fault. I am really stressed out because I don't know what will happen next after I file my answer. I don't know what to say in the answer.

[Ohiogal]

Originally Posted by Mrs. Hines

Yes I agree that I need a job, and I have already found one and I will be starting next week. When he filed for the divorce, he filed a no fault. I am really stressed out because I don't know what will happen next after I file my answer. I don't know what to say in the answer.

You need to answer every point he makes in his complaint in your answer.