husband stalling and refuses to give divorce

[jerthemost]

Texas-
My daughter in law has been trying to get a divorce for a year and a half now with no results. Her husband has a very unethical and unscrupulous attorney who tries to trash my daughter in law in every hearing and mediation. Her husband makes agreements then refuses to sign the agreement (stall tactics). He has signed over the real estate to her and moved away 6 months ago and is not paying child support. The husband says he wants to go to trial (bluff or not I don't know). I figure the only reason he would want a trial is just so his attorney can make nasty accusations in public again. So the wife wants to avoid court because it would only hurt the children more as well as the rest of the family. Her lawyer is also dragging her feet. This family has already spent close to $50,000 and they were living in a run down mobile home. It doesn't make sense to me that an unscrupulous lawyer and a moron could be allowed by law to cause this much harm. My question is really 2 questions.
One - can the wife wait some period of time and get a divorce even though the husband will not agree to it. And if so how much time?
Two - is there any way the wife can get some paper or court order that would satisfy a title company since the divorce is not finale so she can get a mortgage on the property? The house was under construction on a construction loan. The husband has signed a deed etc and the bank will give her a mortgage but the Title Company says the divorce has to be finale.

This family is in desperate financial shape now because of the husband's foul deeds and the wife has to fully support the children so any advice or help would be greatly appreciated. The case is in Texas.What is the name of your state?

[VeronicaLodge]

I'm confused, is this "man" your son? You keep saying your "daughter in law" and then refer to him as "her husband" and "this man"

[Bali Hai]

Originally Posted by VeronicaLodge

I'm confused, is this "man" your son? You keep saying your "daughter in law" and then refer to him as "her husband" and "this man"

Yeah, I guess unconditional love is not in her vocabulary.

[Ohiogal]

-

My daughter in law has been trying to get a divorce for a year and a half now with no results. Her husband has a very unethical and unscrupulous attorney who tries to trash my daughter in law in every hearing and mediation.

How is he trashing your daughter in law? Is her husband your son? How do you know what is going on? Stating negative things about someone is NOT unethical or unscrupulous. What skeletons does your DIL have?

Her husband makes agreements then refuses to sign the agreement (stall tactics).

He doesn't have to sign anything.

He has signed over the real estate to her and moved away 6 months ago and is not paying child support.

Oh okay. So he has signed something. Is there a court order for Child Support? If not, why hasn't she gotten one?

The husband says he wants to go to trial (bluff or not I don't know).

He is allowed.

I figure the only reason he would want a trial is just so his attorney can make nasty accusations in public again.

Why he wants to go to trial is not really relevant. Maybe he doesn't want to settle. Maybe he wants full custody of the children. Maybe he is a jerk. Maybe your DIL has serious problems and trial is the only way he can get a fair break.

So the wife wants to avoid court because it would only hurt the children more as well as the rest of the family.

Really? The children should not even know ANYTHING about what is going on in court. So how would it hurt them? I think what you mean is it would hurt her so she would make sure the children know that the reason she was hurt was because daddy is evil.

Her lawyer is also dragging her feet. This family has already spent close to $50,000 and they were living in a run down mobile home.

I thought she had all the real estate signed over to her by her husband.

It doesn't make sense to me that an unscrupulous lawyer and a moron could be allowed by law to cause this much harm.

It takes two to fight in a divorce.

My question is really 2 questions.
One - can the wife wait some period of time and get a divorce even though the husband will not agree to it. And if so how much time?

The court will eventually grant a divorce with neither one of them agreeing to the terms. AFTER the trial.

Two - is there any way the wife can get some paper or court order that would satisfy a title company since the divorce is not finale so she can get a mortgage on the property? The house was under construction on a construction loan. The husband has signed a deed etc and the bank will give her a mortgage but the Title Company says the divorce has to be finale.

Really? Why does the divorce have to be final? That doesn't make sense.

This family is in desperate financial shape now because of the husband's foul deeds and the wife has to fully support the children so any advice or help would be greatly appreciated. The case is in Texas.What is the name of your state?[/quote]

[jerthemost]

people like you ruin what could be a good forum for people to seek help. a lot of people out there are hurting and need help and you just want to make crude remarks. if you can't say something nice just keep your rude remarks to your self.

and yes the man is my son. just because he is my son doesn't mean i have to support him when he is wrong. the father has hurt the children and making no effort to help support them. the mother has not said one bad thing to the children about the father. but he constantly talks bad about the mother.

even thought the husband signs over a deed to the property a title company will not guareentee title without a divorce. and no the woman has done nothing wrong and has no skeletons but that doesn't keep a nasty unethical lawyer from making accusations that hurt. and most importantly it costs in excess of $10,000 to go to trial. this is a poor family not some rich fat cat.

so if someone out there would like to offer some constructive advice please do so otherwise please keep your nasty rude comments to yourself.

[LdiJ]

Originally Posted by jerthemost

people like you ruin what could be a good forum for people to seek help. a lot of people out there are hurting and need help and you just want to make crude remarks. if you can't say somethin nice just keep your rude remarks to your self.

Ok, sometimes OG is a little harsher than she needs to be, but she is a family law attorney who gives good and valid legal advice. She also may be less harsh than any judge would be that is hearing a case.

People may not get any warm fuzzies here, but they will definitely get good, solid, legal advice.

[TinkerBelleLuvr]

OP - divorce has a way of bringing out the worst in many people. Parents should NOT talk about proceedings with their children. I try to take the high road with my child and her dad. She'll come back with something and I just flat out tell her, "This is something with the adults and I will NOT discuss it with you. Your dad shouldn't be talking about it any more than I should."

As for OG - you have an attorney who is poking holes in reasoning. Much better for it to be done here than in front of the judge, n'est pas?

You are looking for legal advice, not feel-good advice here.

[jerthemost]

yeah she sounds like a typical lawyer allright, nasty, rude and not one constructive comment. just like all lawyers i have encountered. they have no conception of what the code of ethics means.

laws were written for and the whole legal system is for the lawyers and judges, certainly not for the common man that the law is supposed to protect. someone could be a good attorney without using strongarm tactics. just because the law lets them do it is no reason they should do it.

my son is a jerk, extremely immature, mentally retarded and a moron (IQ around 60) but just straight acting enough that we can't get him any help. so the law allows him to hook up with a very unscoupulous attorney and ruin an entire family. he even listed myself and his mother in his divorce cross petition. no lawyer i've talked to has ever heard of such a thing. that gives you an idea of kind of attorney he has. all his wife asked for was joint custody of the children with her as primary conservator and half of the family assets if any. actually their networth is a negative. but she was willing to take half the debt. he is not qualified to manage children. he rode them in his company van without a seatbelt. he put lighter fluid in the oldest child's hand and lit it after he did it to himself. he was showing them how cool he is. they guy is an idiot!!!!!

he just cannot accept the fact that his wife no longer wanted him. knowing my son i am surprised she put up with him for 14 years. he is sorry worthless and good for nothing.

if i could just find some way to get the title company to go thru with the closing on the house my DIL can wait him out on the divorce. he is never going to pay child support anyway.

[Bali Hai]

Originally Posted by jerthemost

yeah she sounds like a typical lawyer allright, nasty, rude and not one constructive comment. just like all lawyers i have encountered. they have no conception of what the code of ethics means.

laws were written for and the whole legal system is for the lawyers and judges, certainly not for the common man that the law is supposed to protect. someone could be a good attorney without using strongarm tactics. just because the law lets them do it is no reason they should do it.

my son is a jerk, extremely immature, mentally retarded and a moron (IQ around 60) but just straight acting enough that we can't get him any help. so the law allows him to hook up with a very unscoupulous attorney and ruin an entire family. he even listed myself and his mother in his divorce cross petition. no lawyer i've talked to has ever heard of such a thing. that gives you an idea of kind of attorney he has. all his wife asked for was joint custody of the children with her as primary conservator and half of the family assets if any. actually their networth is a negative. but she was willing to take half the debt. he is not qualified to manage children. he rode them in his company van without a seatbelt. he put lighter fluid in the oldest child's hand and lit it after he did it to himself. he was showing them how cool he is. they guy is an idiot!!!!!

he just cannot accept the fact that his wife no longer wanted him. knowing my son i am surprised she put up with him for 14 years. he is sorry worthless and good for nothing.

if i could just find some way to get the title company to go thru with the closing on the house my DIL can wait him out on the divorce. he is never going to pay child support anyway.

Yikes!!! The guy does sound like an idiot! Where did that behavior stem from??

[TinkerBelleLuvr]

This poster is fighting some major demons. Why come on a forum looking for legal answers and then get upset when an attorney answers?

[majomom1]

Originally Posted by jerthemost

yeah she sounds like a typical lawyer allright, nasty, rude and not one constructive comment. just like all lawyers i have encountered. they have no conception of what the code of ethics means.

laws were written for and the whole legal system is for the lawyers and judges, certainly not for the common man that the law is supposed to protect. someone could be a good attorney without using strongarm tactics. just because the law lets them do it is no reason they should do it.

my son is a jerk, extremely immature, mentally retarded and a moron (IQ around 60) but just straight acting enough that we can't get him any help. so the law allows him to hook up with a very unscoupulous attorney and ruin an entire family. he even listed myself and his mother in his divorce cross petition. no lawyer i've talked to has ever heard of such a thing. that gives you an idea of kind of attorney he has. all his wife asked for was joint custody of the children with her as primary conservator and half of the family assets if any. actually their networth is a negative. but she was willing to take half the debt. he is not qualified to manage children. he rode them in his company van without a seatbelt. he put lighter fluid in the oldest child's hand and lit it after he did it to himself. he was showing them how cool he is. they guy is an idiot!!!!!

he just cannot accept the fact that his wife no longer wanted him. knowing my son i am surprised she put up with him for 14 years. he is sorry worthless and good for nothing.

if i could just find some way to get the title company to go thru with the closing on the house my DIL can wait him out on the divorce. he is never going to pay child support anyway.

This is completely out of line! You have no basis for making those statements.

Where are all these lawyers you claim say his attorney is all bad.. what did you tick them off too? If he is being unethical then these attorneys should have no problem taking him down.

Your son is a jerk, extremely immature, mentally retarded and a moron (IQ around 60)...

Well you raised him... Most kid's learn from their parents...

[TinkerBelleLuvr]

A minimum of 60 days. Texas law requires that the couple wait 60 days after the date the divorce petition is filed to finalize the divorce. How long any individual case takes to resolve depends on many factors. Some courts require a divorce case to go to trial fairly quickly, while other courts are content to let divorce cases languish for very long periods of time.

[jerthemost]

does anyone have any advice on the property closing aspect? real info or suggestions would be appreciated.

and for your information he got his behavior from his blood father who deserted him at age 18. he is acting just like him i am his step father. i took him in when i married his mother 19 years ago. i taught him a trade and tried to instill work ethic and values in him but his father's influence by that time was too strong.

[Ohiogal]

yeah she sounds like a typical lawyer allright, nasty, rude and not one constructive comment.

Did you answer any of my questions? As for there not being good title. WRONG! I worked for a title company as well. That title company is flat out wrong.

just like all lawyers i have encountered. they have no conception of what the code of ethics means.

I have a lot of ethics and that doesn't mean pandering to a bunch of twits on an internet forum who refuse to answer legally pertinent questions and refuse to accept the way things are done.

laws were written for and the whole legal system is for the lawyers and judges, certainly not for the common man that the law is supposed to protect. someone could be a good attorney without using strongarm tactics. just because the law lets them do it is no reason they should do it.

Really? You still have answered what skeletons your DIL has NOR what your son refuses to settle for.

my son is a jerk, extremely immature, mentally retarded and a moron (IQ around 60) but just straight acting enough that we can't get him any help.

Didn't fall far from the tree did he? Or at least not from the example you as stepdad set for him.

so the law allows him to hook up with a very unscoupulous attorney and ruin an entire family.

There is NOTHING unscrupulous about what the attorney is doing.

he even listed myself and his mother in his divorce cross petition. no lawyer i've talked to has ever heard of such a thing.

I have. Did DIL transfer any property to YOU? Anything at all? Did you transfer anything to DIL?

that gives you an idea of kind of attorney he has.

Could be a damn good one depending on why you were listed. Details are helpful.

all his wife asked for was joint custody of the children with her as primary conservator and half of the family assets if any. actually their networth is a negative. but she was willing to take half the debt. he is not qualified to manage children.

Really? That is your opinion. And not a legal one. Legally he is NOT unfit.

he rode them in his company van without a seatbelt. he put lighter fluid in the oldest child's hand and lit it after he did it to himself. he was showing them how cool he is. they guy is an idiot!!!!!

Hey grandpa aren't you sweet? And when did he do those things? Where was mom at the time? How old were the kids at the time and how old are they now?

he just cannot accept the fact that his wife no longer wanted him. knowing my son i am surprised she put up with him for 14 years. he is sorry worthless and good for nothing.

Again not falling far from the family tree. he learned well from you didn't he? No wonder he has an attorney fighting for him. OH and just to let you know he is not your son -- for which he should be grateful. You after all are nothing but stepdad. A LEGAL STRANGER.

if i could just find some way to get the title company to go thru with the closing on the house my DIL can wait him out on the divorce. he is never going to pay child support anyway.

Are you buying the house? And if she is dirt poor how is she going to afford the mortgage on a brand new constructed house? Something is fishy there.

[Ohiogal]

Originally Posted by jerthemost

does anyone have any advice on the property closing aspect? real info or suggestions would be appreciated.

and for your information he got his behavior from his blood father who deserted him at age 18. he is acting just like him i am his step father. i took him in when i married his mother 19 years ago. i taught him a trade and tried to instill work ethic and values in him but his father's influence by that time was too strong.

Then this man is NOT your son and you are a legal stranger.