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Where do I go for advice for financial issue/possible divorce

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kac010659

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

I believe I need to get some legal counseling but am not sure where to go or how to go about it. I will explain my situation and if you could advise me what my next steps should be and where would be the best place to go for advice I would appreciate it. I will try to keep my overview brief but give you as many details as possible.
I am 53, my husband is 58. We live in Texas and have been married 33 years. We have a home (value approx. 285,000 with 250,000 left on the mortgage. We refinanced in March moving to a 15 year loan to take advantage of the lower interest rates. I make $100,000 a year and my husband made only around $35,000. My husband got mad and quit his job about a month ago. Since then he has only been able to find a job paying $8.00 an hours for 36 hours a week. I have about $22,000 in credit card bills plus my monthly expenses. I have gotten myself in a mess and need to figure the best way out of it. Yes, divorce is an option…something I have seriously considered for years but I think this is the last straw. I have a 401K worth about $275,000. I have held on because I don’t want to give him ½ of this. He has not saved at all. For the first 20 years he went from job to job trying various business…I can’t tell you how much money has been invested in this. He was at this last job for 8 years and I thought we were beyond the job hopping.
I am not sure what to do…I don’t know if I could sell my house with the economy right now. My brother is willing to loan me the money to pay the credit card bills off but I don’t know if that s the best thing. I have transferred them to accounts with 0%. I have considered trying to refinance for 30 years which would lower my payments so that I could manage it on my own. I have 2 older kids – 1 in college and one just graduated I may and is getting ready to start grad school. I didn’t want to move until they were both out of school and on their own.. (Luckily I bought prepaid tuition for them when they were young and put money my mother left me into a college fund for them so I have the living expenses set aside for my one still in school (just started his second year.
Who do I go and talk to make sure that I consider all my options and make the right move. I don’t want to do something rash and end up in a worse position.What is the name of your state (only U.S. law)?
 


mistoffolees

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

I believe I need to get some legal counseling but am not sure where to go or how to go about it. I will explain my situation and if you could advise me what my next steps should be and where would be the best place to go for advice I would appreciate it. I will try to keep my overview brief but give you as many details as possible.
I am 53, my husband is 58. We live in Texas and have been married 33 years. We have a home (value approx. 285,000 with 250,000 left on the mortgage. We refinanced in March moving to a 15 year loan to take advantage of the lower interest rates. I make $100,000 a year and my husband made only around $35,000. My husband got mad and quit his job about a month ago. Since then he has only been able to find a job paying $8.00 an hours for 36 hours a week. I have about $22,000 in credit card bills plus my monthly expenses. I have gotten myself in a mess and need to figure the best way out of it. Yes, divorce is an option…something I have seriously considered for years but I think this is the last straw. I have a 401K worth about $275,000. I have held on because I don’t want to give him ½ of this. He has not saved at all. For the first 20 years he went from job to job trying various business…I can’t tell you how much money has been invested in this. He was at this last job for 8 years and I thought we were beyond the job hopping.
I am not sure what to do…I don’t know if I could sell my house with the economy right now. My brother is willing to loan me the money to pay the credit card bills off but I don’t know if that s the best thing. I have transferred them to accounts with 0%. I have considered trying to refinance for 30 years which would lower my payments so that I could manage it on my own. I have 2 older kids – 1 in college and one just graduated I may and is getting ready to start grad school. I didn’t want to move until they were both out of school and on their own.. (Luckily I bought prepaid tuition for them when they were young and put money my mother left me into a college fund for them so I have the living expenses set aside for my one still in school (just started his second year.
Who do I go and talk to make sure that I consider all my options and make the right move. I don’t want to do something rash and end up in a worse position.What is the name of your state (only U.S. law)?
Bottom line is that you will each be entitled to 1/2 of marital assets (including the home and your retirement accounts) and 1/2 of marital debts. The fact that you consider him to be worthless is irrelevant. Nothing you can do will change that - unless you can get him to agree to a different property division.

Sorry.
 

LdiJ

Senior Member
Bottom line is that you will each be entitled to 1/2 of marital assets (including the home and your retirement accounts) and 1/2 of marital debts. The fact that you consider him to be worthless is irrelevant. Nothing you can do will change that - unless you can get him to agree to a different property division.

Sorry.
You also might be on the hook for some short term alimony. I believe that TX limits that to 3 or 4 years, but by then your husband would be eligible for Social Security.

If the cost of the house is hampering your ability to manage your finances then putting the house on the market and getting out from under that might be a wise move, even if you stay married. I suspect that you could get more economical housing.
 

Bali Hai

Senior Member
You also might be on the hook for some short term alimony. I believe that TX limits that to 3 or 4 years, but by then your husband would be eligible for Social Security.

If the cost of the house is hampering your ability to manage your finances then putting the house on the market and getting out from under that might be a wise move, even if you stay married. I suspect that you could get more economical housing.
After a 33 year marriage and with the huge income disparity, OP is very lucky she lives in a state with realistic alimony laws.
 

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