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Divorce

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boricua29

Junior Member
HELP, HELP....

What is the name of your state? Texas

Not sure where to start. My husband & I have been separated under the same roof for over 4 years and living in separate homes for 2 years.

He does not want to use an attorney because he will not pay the fees. As far he's concern it has to be done through a "Do it yourself divorce".

I'm trying to put together papers with the right military verbiage. He has a high % of disability at retirement.

I don't know where to start. Can someone help me PLEASE? Thank so very much for any advice & guidance.
 
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mistoffolees

Senior Member
boricua29 said:
HELP, HELP....

What is the name of your state? Texas

Not sure where to start. My husband & I have been separated under the same roof for over 4 years and living in separate homes for 2 years.

He is retired from the USAF since 1999. He was unfaithful and wanted a divorce as well as myself. I have Multiple Sclerosis, 2 herniated discs and several other issues. I was let go from work and I applied for disability and was approved within 2 months. He would not allow any divorce filing through an attorney because he would not pay the fees and threatened me, through our children, that if I did he would not let me have his 50% portion of the sell of our home. The divorce has to be done through a "Do it yourself divorce".

He forced me to buy a house w/ the profit from the home we sold. I did so and applied for a loan on my name only. He had to sign at closing since we're still married. He said he would let me keep the house when the divorce goes through. Now he's against the divorce.

I'm trying to put together papers with the right verbiage since he's retired military and he said he would allow all the income from his retirement as my alimony. He will be receiving the teacher retirement in 6 years. I know he can't assign his retirement for me, so I guess it has to be submitted correctly so that I don't mess my alimony. He has a 40% disability at retirement.

I don't know where to start. Can someone help me PLEASE? Thank so very much for any advice anyone can give me.
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Get an attorney. A do-it-yourself divorce is a recipe for disaster in all but the simplest, most amicable cases. He can threaten anything he wishes, but you're going to be entitled to half of the assets no matter how much he screams. You may or may not be entitled to alimony, but it's a pretty good bet that he's not voluntarily offering MORE than the court is likely to award.
 
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garrula lingua

Senior Member
Texas really doesn't have alimony.
Since about 1996, they have 'maintenance' for three years max, which is rarely granted in many locations.
If OP is disabled, she has a shot at getting 3 years of maintenance (or if in school for new career).

OP, you need an attorney.
Tx does use Marital Settlement Agreements, and the attorney can negotiate and memorialize the terms.
You will also need a QDRO for all the retirement, including the military retirement (you do need an atty for that, to ensure it's drafted and remitted properly).

Get a free consultation with several family law attornies, and choose one.
 
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mistoffolees

Senior Member
garrula lingua said:
Texas really doesn't have alimony.
Since about 1996, they have 'maintenance' for three years max, which is rarely granted in many locations.
If OP is disabled, she has a shot at getting 3 years of maintenance (or if in school for new career).
Click to expand...
Close enough for the purposes of this discussion.
 
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VeronicaLodge

Senior Member
it just amazes me how many people do not want to get attorneys to protect their interests, freedoms, and property because they dont want to spend the money. to me it would be like saying "i have a tumor i need removed, but i cant afford a doctor, can someone tell me how to do it myself?" crazy!
 
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garrula lingua

Senior Member
VeronicaLodge said:
it just amazes me how many people do not want to get attorneys to protect their interests, freedoms, and property because they dont want to spend the money. to me it would be like saying "i have a tumor i need removed, but i cant afford a doctor, can someone tell me how to do it myself?" crazy!
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True, Veronica - especially when there's children.
Many of these people will live with the bad results of one hearing for the rest of their lives.

Then again, I believe the system/courts/law should be available to all people, regardless of income -- it's not fair that the wealthy person has access to more 'justice' than the poor one.

When I was a young atty, I charged family law on a sliding scale - the lower the income, the lower my fee. ... I turned into legal aid; worked 24/7 and barely kept up with malpractice and expenses. Good idea ... could't apply it.
(It also promoted more litigation - people wouldn't stop fighting when the atty was affordable.:D)

However, you're right - the benefits and rights which OP forfeits now are gone forever.
 
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