Just got Served....

What is the name of your state? Texas

I was wondering if anyone can assist with this or give me pointers on my situation.

There are children involved (1 bioligical to me and one that is not) I had not yet adopted the child that was not biologically mine however I raised her since she was a baby. I am trying to avoid making this painful as I know they will be the ones ultimately affected and that is what will hurt me the most is what effect on them this whole situation will have. They are 2 and 4 yrs. old.

Well I just got served today and I am not understanding what she is trying to do. She filed for the divorce so I guess from looking over everything she is the petitioner and I am the respondent.

Firstly I noticed that she gave incorrect information as far as the separation date which is off by about oh 6 mos. I just moved out of the house we were living in together this past weekend.

Don't understand these parts:

Grounds for Divorce Alleged. The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent.....

Under the section regarding "Community Property Division Requested" is states the following:

Disproportionate Division Requested. There are equities involved in this suit which favor petitioner. Petitioner should be awarded a division of the estate of the parties by disproportionate share for the following reasons:

1. Respondent is guilty of fault which has caused the marriage relationship to become irreconcilable; (Does this mean that I am being blamed for the divorce?)

2. Petitioner, as an innocent spouse, will be deprived of many benefits from the marriage, including, but not limited to, future retirements and medical benefits;

3. Respondent has special skills and training which make it possible to earn an income substantially greater than any amount Petitioner is capable of earning; (I only have a high school diploma, she has a nursing degree but has decided to work at a fast food establishment this puzzles me she was making more than I was at one time when she was working at a hospital but has not went back to a hospital by choice)

7. Respondent has been guilty of wasting community assets; (?)

8. The value of respondent's separate property has been enhanced in value through Petitioner's time, talent, labor, and effort; (I have a home prior to this marriage does this mean that she may have helped fix it in some form or fashion? She hasnt in anyway the house is actually in need of many repairs as I have had to since move into that home)

9. Petitioner has incurred, or will have incurred, large amounts of attorney's fees which will have to be paid.

What were the reasons?

"Well I just got served today and I am not understanding what she is trying to do. She filed for the divorce so I guess from looking over everything she is the petitioner and I am the respondent."
*** Yep.

"Firstly I noticed that she gave incorrect information as far as the separation date which is off by about oh 6 mos. I just moved out of the house we were living in together this past weekend."
*** Not terribly relevant.

"Don't understand these parts:
Grounds for Divorce Alleged. The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent....."
*** Actually, that is a fairly common generic 'opening statement' of cause. Not much there to really misunderstand.

"Under the section regarding "Community Property Division Requested" is states the following:

Disproportionate Division Requested. There are equities involved in this suit which favor petitioner. Petitioner should be awarded a division of the estate of the parties by disproportionate share for the following reasons:"
*** Also fairly common. She is claiming that due to some inequities (income, assets, etc.) she is asking for a non-equal split of assets.

Bottom line.... time to go find a local familly attorney.

lsut1ger said:

What were the reasons?

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Mainly we had been arguing very much lately over her beliefs that I was cheating on her which are not true.

I think one of the main reasons this had all happened is that we lived right next door to her parents and they were always getting involved in our lives telling her things and giving her "advice" and they had been divorced before and have since have gotten remarried since my wife thinks that after what she is doing maybe some where down the line we are going to be getting back together as she says it will be 'starting off fresh'.

Other things....

I did not want it to come to this however from what I am gathering I really feel that I should take custody of our daughters there were a few times where she tried doing things that worry me for the safety of the children.

She has tried taking her life before during our marriage.

She has been on several anti-depressant medications and continues to date to use these prescribed medications.

I dont want to take them away from her this way however given the circumstances I may have to take custody of the children......what is the likelyhood of the father being awarded primarily responsible for the children in the state of texas?

Re: Other things....

mrofftopik said:

what is the likelyhood of the father being awarded primarily responsible for the children in the state of texas?

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The one that's not yours - practically zip. Unless her father steps up to the plate, it's very possible that the courts will not want to separate the siblings.

"what is the likelyhood of the father being awarded primarily responsible for the children in the state of texas?"
*** Far more common than before... an accurate answer would depend on ALL the facts.