I have been a Homemaker for most of my marriage

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majh

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My jurisdiction is: Texas

I've been married for 11 yrs on 10/16/08. I've been in an abusive(physical,VERY VERBAL,mental)marriage. I have nothing to my name,hardly any clothes..etc. My father in-law was willed a home after his mother passed away. We have lived here for the past 4 yrs now. While living here, my father in-law has given my husband this house as a gift.(with legal documents stating it is a gift through an attorney)Is there any chance that I will still be able to live here with our children and is there any chance that a judge will make him pay for my bills while I would have to search for a job. Am I entitled to to retirement or pension funds? How long does a person get alimony? We've been in court for divorce in 2003-2004 but through his attorney they chose not to proceed. I thought the case was closed,but it is still an open case(pending) I cannot afford an attorney because my husband controls all the money.He recently said he wanted to rent or sell this house and put money down on another house on another area of town. If this should happen, is it possible the judge will allow my children and I to stay in our new house and again with a judge ment that my husband pay bills until I get a job to catch up and be able to pay them myself? Thanks so much in advance and I really hope this wasn't too long of a question(s), but this isn't getting any better....
 
I have no idea what a judge will predict. Have you seen an attorney? Since the house in an inheritance you likely will have no rights to it but you may be able to stay in it for a few months. I would be asking for 4-5 years of alimony. You may not get that long but at least ask.
 
not sure what to do

i've been married to my husband for 24 years, he's been very emotionally abusive. and it took me along time to get up the nerve to finally leave. my concern is, i've been a housewife for most of the marriage and now that i am 43 i won't be able to get a job to support myself(and i've been looking) my health is not great which is another strike, but, i am wondering how am i going to be able to file for a divorce, and pay court cost attorny's fees, plus if everything gets split down the middle, that includes the debts as well. so is it really worth my leaving or is ther any hope for me:(
 
majh said:
My jurisdiction is: Texas

I've been married for 11 yrs on 10/16/08. I've been in an abusive(physical,VERY VERBAL,mental)marriage. I have nothing to my name,hardly any clothes..etc. My father in-law was willed a home after his mother passed away. We have lived here for the past 4 yrs now. While living here, my father in-law has given my husband this house as a gift.(with legal documents stating it is a gift through an attorney)Is there any chance that I will still be able to live here with our children and is there any chance that a judge will make him pay for my bills while I would have to search for a job. Am I entitled to to retirement or pension funds? How long does a person get alimony? We've been in court for divorce in 2003-2004 but through his attorney they chose not to proceed. I thought the case was closed,but it is still an open case(pending) I cannot afford an attorney because my husband controls all the money.He recently said he wanted to rent or sell this house and put money down on another house on another area of town. If this should happen, is it possible the judge will allow my children and I to stay in our new house and again with a judge ment that my husband pay bills until I get a job to catch up and be able to pay them myself? Thanks so much in advance and I really hope this wasn't too long of a question(s), but this isn't getting any better....
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I agree with Duranie; however, the house wasn't an inheritance to OP's husband. It was an inheritance to her father-in-law. It was a gift to the husband (used as the marital residence), so it may be considered marital property.

You should be entitled to some retirement and social security when the time comes.

If you want a divorce, talk to an attorney. If there are marital funds, then you have a right to them. Your attorney can also ask that your husband pay all legal fees.
 
wild orchid said:
i've been married to my husband for 24 years, he's been very emotionally abusive. and it took me along time to get up the nerve to finally leave. my concern is, i've been a housewife for most of the marriage and now that i am 43 i won't be able to get a job to support myself(and i've been looking) my health is not great which is another strike, but, i am wondering how am i going to be able to file for a divorce, and pay court cost attorny's fees, plus if everything gets split down the middle, that includes the debts as well. so is it really worth my leaving or is ther any hope for me:(
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You should start your own thread. Posting in another person's thread is called hijacking. It's not good form, and is not likely to get many responses.

However, to answer your question, it is possible that everything will be split down the middle, including the debt. It is also possible that you will be awarded a larger percentage of the assets and no obligation for the debt. Or, everything is split down the middle, but you'll receive alimony. Much depends on your state of residence and all the facts of your case. You need to speak with a lawyer about what you can expect in your area.
 
Not entirely true.

Texas statute allows for an award of spousal maintenance in marriages of 10 years or longer. Though Texas courts are less likely to award maintenance compared to some other states, that doesn't mean OP cannot get an award for maintenance.

OP, you should actively look for (and get) employment during the proceedings. You may have a better chance at maintenance if you can prove that the only employment available to you pays substantially less than what your husband makes.
 
During my marriage, after years of abuse and seperation...my husband and I went to court to get divorced so I thought was the case. He didn't want to persue it and now we are still together. He hasn't physically hurt me (as of yet) but the mental torment is still there... as I stated before " it isn't getting any better"
My question now is:
During our seperation,knowing we were getting divorced...he and I began to date other people(i'm NOT saying it was the right thing to do on both parts,but we did) I ended up getting pregnant! I told my husband I still wanted to go through with the divorce and the child was not his.
He still insisted we stay together and that he believed it was his.
Well she was born and of another race. It was obvious it was not his but he still gave her his last name and is on her birth certificate. She is now 5yrs old.
I am now at the point where I really can't hang on to this anymore.
I looked up our case and found that it is still considered active.
I have NO MONEY to afford an attorney..he still controls the finances..I have no accounts in my name and am not on his accounts..I was denied free legal assistance,because I can't prove that I can't afford the help because we are still together in the same home...Does anyone know if there are still attorneys that do PRO BONO work anymore.
I tried to get a job around the time of my previous post til this day and have been ucsuccessful partly because of the recession and mostly because my husband wants to control what type of work I do or if there will be any benefit from the job I get. He works and when I asked him if he could request a different shift so I could work around our kids going to school, he told me NO to figure it out by myself.(But yet he complains that I am not working!!)
Will a judge order him to pay chil support for her as well as the others even if a dna test is taken since he is on her birth certificate and has raised her as his own? He is all she knows as a father.

Also..If I want to move to another city in Texas(closer to my side of the family for help once I leave because he has closed me off from my family or friends...No one ever visits me or calls me. He won't allow it)....since the case is still active where I am now, does this mean I have to stay here.

THANKS IN ADVANCE FOR ANY INFORMATION I MAY GET FROM YOU ALL!! REALLY, THANKS
 
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majh said:
During my marriage, after years of abuse and seperation...my husband and I went to court to get divorced so I thought was the case. He didn't want to persue it and now we are still together. He hasn't physically hurt me (as of yet) but the mental torment is still there... as I stated before " it isn't getting any better"
My question now is:
During our seperation,knowing we were getting divorced...he and I began to date other people(i'm NOT saying it was the right thing to do on both parts,but we did) I ended up getting pregnant! I told my husband I still wanted to go through with the divorce and the child was not his.
He still insisted we stay together and that he believed it was his.
Well she was born and of another race. It was obvious it was not his but he still gave her his last name and is on her birth certificate. She is now 5yrs old.
I am now at the point where I really can't hang on to this anymore.
I looked up our case and found that it is still considered active.
I have NO MONEY to afford an attorney...Does anyone know if there are still attorneys that do PRO BONO work anymore.
I tried to get a job around the time of my previou post til this day and have been ucsuccessful partly because of the recession and mostly because my husband wants to control what type of work I do or if there will be any benefit from the job I get.
Will a judge order him to pay chil support for her as well as the others even if a dna test is taken since he is on her birth certificate and has raised her as his own? He is all she knows as a father.
Click to expand...


Basically, your ex-husband is the legal father of your daughter and will be responsible for child support unless he disestablishes paternity as part of the divorce proceedings.
 
What does that mean disestablishes paternity?? He is not the biological father. He and I both know that. Does this mean he can file something saying he wants to refuse paying child support?
 
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