Waiver of service and foreign property division

What is the name of your state (only U.S. law)? Texas

My husband had his attorney send me over a "Waiver of Service" and an "Original Petition for Divorce". I am a little unsure about 2 specific lines in the "Waiver of Service".
1. "I enter my appearance in this case for all purposes."
2. "I agree that this case may be taken up and considered by the Court without further notice to me."

Does it mean that if I sign the waiver, I wouldn't be consulted on issues like property division, etc. Do I lose my say in the terms of the divorce?

On the other hand, if I choose not to sign the waiver, will I have to make court appearances? Is it even possible to fight back saying I don't want a divorce (note: my husband's filed for an "uncontested divorce")?

Another rather important query is about foreign property division. We own joint as well as separate assets (and bank accounts) in India. But the divorce decree shall be issued by a Texas court. I want to know how foreign property will be handled. And also, will a divorce in the US be accepted by Indian law as a divorce?

Finally, I'd like to mention that we've been married for over 30 years. I've been a housekeeper throughout my entire married life (no outside job). My husband has stopped working for almost a year. I would like to know if alimony is a possibility.What is the name of your state (only U.S. law)?

If this waiver of service is similar to the one found online at
www.texaslawyershelp.org/tyla/library/attachment.86751
its a little scary in a couple of parts and one would be foolish to sign it. This waives more than just service of citation.

DO NOT SIGN THIS WAIVER OF SERVICE!!

You have nothing to gain and potentially much to lose. If you do not sign it, your husbands attorney will simply have to serve the divorce petition as required by law, which is no big deal. But at least you will not inadvertently sign away any rights.

Your case involves some potentially complex matters regarding overseas assets and Indian laws.

Contact an attorney as soon as possible to properly answer your questions and protect your rights.

Thank you for your reply.

Approaching an attorney, paying the fees and all the court trips involved would be extremely hard for me. Would anybody who knows the law about overseas properties be able to tell me what would happen?

trremorr said:

Thank you for your reply.

Approaching an attorney, paying the fees and all the court trips involved would be extremely hard for me. Would anybody who knows the law about overseas properties be able to tell me what would happen?

Click to expand...

U.S. courts will have no jurisdiction over property in another country. You will probably need an attorney here AND in India.

To answer your other question, alimony is a possibility, but it's harder if he's not working. You would have to get the court to impute income to him, but they will impute it to you, as well. If he's a doctor who used to make $300 K per year and you have not education or skills, then you would probably receive alimony. OTOH, if neither of you has any particular career, then it's not likely - or it will be at a very low level.

You are likely to be entitled to 1/2 of the marital equity in his assets, including retirement accounts, so it is well worth your time to see an attorney.

trremorr said:

...Approaching an attorney, paying the fees and all the court trips involved would be extremely hard for me...

Click to expand...

While it may be difficult, you cannot afford to not have an attorney.

Is it even possible to fight back saying I don't want a divorce (note: my husband's filed for an "uncontested divorce")?

Click to expand...

If your husband wants a divorce he will get it, whether or not you agree to it.

It appears, although I could be wrong, that your husband and his attorney are trying to pull a fast one on you. Presenting this divorce to the court as "uncontested" suggests that you will have no dispute on the terms of the divorce and you will agree to whatever he files. The waiver he gave you to sign appears to be a blanket waiver that will enable him to proceed without notifying you in advance of filings and court actions. Under these circumstances you will surely wind up with a divorce decree that will only serve your husbands interests and leave you with as little as possible.

You really need to talk to a family law attorney in your area, and if possible one that also has some experience in international law.

Thank you both for your advice.
I have this new thought. What if I sign the waiver and at the end of the day, when the divorce decree is drafted, I sign only if the terms are fair? Will I have to sign the decree regardless of contents, if I were to sign the waiver? What would happen if I refused to sign the decree saying the terms were not mutually agreed upon?

trremorr said:

Thank you both for your advice.
I have this new thought. What if I sign the waiver and at the end of the day, when the divorce decree is drafted, I sign only if the terms are fair? Will I have to sign the decree regardless of contents, if I were to sign the waiver? What would happen if I refused to sign the decree saying the terms were not mutually agreed upon?

Click to expand...

You've already been given the answer. NEVER sign anything that you don't understand.

Since no one here knows what the waiver says, we can't tell you if it's OK to sign it or not. You need an attorney to read the waiver and tell you what it means.

Just wanted to point out that in TX, unless there are extenuating circumstances, there is no "life time" alimony. Spousal support/maintenance is not normally permanent. Most of the time it is awarded to give the spouse time to reeducate themselves in order to gain employment. Several things are taken into account, including the duration of the marriage. Even if one is married within the parameters necessary to be awarded support, however, it is not a given that spousal support/maintenance will be awarded.

You can google spousal support and or spousal maintenance in TX to get more details.

penelope10 said:

Just wanted to point out that in TX, unless there are extenuating circumstances, there is no "life time" alimony. Spousal support/maintenance is not normally permanent. Most of the time it is awarded to give the spouse time to reeducate themselves in order to gain employment. Several things are taken into account, including the duration of the marriage. Even if one is married within the parameters necessary to be awarded support, however, it is not a given that spousal support/maintenance will be awarded.

You can google spousal support and or spousal maintenance in TX to get more details.

Click to expand...

Note, however, that they've been married over 30 years. While you are correct that 'lifetime' alimony isn't likely, OP will be entitled to half of STBX's pension/401K/IRA which has accumulated during the marriage and will also be able to collect on the basis of his social security lifetime earnings. With any luck, that money will become available whenever OP's spousal support (if any, of course) runs out.

mistoffolees said:

Note, however, that they've been married over 30 years. While you are correct that 'lifetime' alimony isn't likely, OP will be entitled to half of STBX's pension/401K/IRA which has accumulated during the marriage and will also be able to collect on the basis of his social security lifetime earnings. With any luck, that money will become available whenever OP's spousal support (if any, of course) runs out.

Click to expand...

You are correct in those areas. However, just because OP was a housewife for thirty years does not necessarily mean she will be awarded maintenance. Now she does have a good chance of being awarded temporary support (support awarded until the divorce is finalized).The courts in TX generally want to see that the spouse has made an attempt to go out and find gainful employment sufficient to support themselves before awarding spousal support. If she has made the attempt and can prove that she cannot find employment, etc. the court might choose to award spousal maintenance up to the duration of three years. There are circumstances where the court will award maintenance for a longer period, as in the case of a spouse's disability.

And spousal maintenance can certainly be used as a bargaining chip when it comes to the negotiation of the division of property in a divorce.

penelope10 said:

You are correct in those areas. However, just because OP was a housewife for thirty years does not necessarily mean she will be awarded maintenance. Now she does have a good chance of being awarded temporary support (support awarded until the divorce is finalized).The courts in TX generally want to see that the spouse has made an attempt to go out and find gainful employment sufficient to support themselves before awarding spousal support. If she has made the attempt and can prove that she cannot find employment, etc. the court might choose to award spousal maintenance up to the duration of three years. There are circumstances where the court will award maintenance for a longer period, as in the case of a spouse's disability.

And spousal maintenance can certainly be used as a bargaining chip when it comes to the negotiation of the division of property in a divorce.

Click to expand...

Most of that was covered above.

I almost disagreed with the 3 year limit, but it looks as though that is the maximum in Texas unless the receiving spouse is incapable of working. Texas also limits support to a maximum of $2,500 per month.
Alimony/Maintenance/Spousal Support in a Texas Divorce

Looks like Texas is a pretty good place for the higher income spouse to get a divorce - especially if it's a long duration marriage.

mistoffolees said:

Most of that was covered above.

I almost disagreed with the 3 year limit, but it looks as though that is the maximum in Texas unless the receiving spouse is incapable of working. Texas also limits support to a maximum of $2,500 per month.
Alimony/Maintenance/Spousal Support in a Texas Divorce

Looks like Texas is a pretty good place for the higher income spouse to get a divorce - especially if it's a long duration marriage.

Click to expand...

You are correct in regards to spousal maintenance and the wealthy. In fact, it was not until fairly recently that spousal maintenance was available after a divorce. And we don't pay State Income tax. We pay sales tax, and property tax, but no formal State Income Tax.

Let's state for the sake of argument, that a stbx stands a fairly good chance of being awarded the maximum in maintenance. (The decision to award maintenance is based on a case by case basis in TX). $2500.00 for three years is a good chunk of change---$90,000 (taxable to the person given the award). For instance, with the representation of a good attorney, and going into a court with a judge that is known to be sympathetic in awarding maintenance, the possibility/probability could be used in divorce negotiations. For instance, an individual could state, if you agree to give me the $90,000 in a lump sum, then I will be agreeable in giving you XXX. (Whatever that XXX may be). That money could certainly be used to reeducate oneself and help to pay for living expenses after the divorce.

This is not to give hope to the OP that she WILL be awarded maintenance. It's an example of a best case scenario. She also stands the chance of NOT being awarded maintenance, or being awarded maintenance at a much lower level. As pointed out in prior posts, it is particularly important that OP get herself an attorney. We don't know what the financial assets are that she and her husband share, etc. A good attorney will be able to advice her as to the climate of the court that she is to appear in.

I have decided to request for alimony. There is a possible problem though. The green card was sponsored by my brother who is a US citizen. It's been a little more than a year since we received the green card. Now, if I do ask my husband for alimony, could he just point his finger to my brother saying it's the green card sponsor's responsibility? Is it possible for him to draw my brother into this mess?

trremorr said:

I have decided to request for alimony. There is a possible problem though. The green card was sponsored by my brother who is a US citizen. It's been a little more than a year since we received the green card. Now, if I do ask my husband for alimony, could he just point his finger to my brother saying it's the green card sponsor's responsibility? Is it possible for him to draw my brother into this mess?

Click to expand...

That has nothing to do with it.

IF you are eligible to receive alimony, then it is your husband's responsibility to pay it.

Read up on the rules for Alimony in TX to see the factors that are considered. Also, since your husband is not working, it is quite possible that you will receive nothing - or that they will impute only a minimum wage. You really need to see an attorney.