Legal Question in Family Law in Texas

Divorcing a Non-Working Spouse

What happens in a divorce when the spouse is not working and has not worked for the entire length of the marriage (22 months)? She has never had a high paying job, and does not have good earning potential either. I make a good income at a job I have had for 21 years, and have acquired a few assets in these 22 months. The majority of money is in 2 vehicles in which I used money from home equity prior to our marriage and a recent loan from 401k. I have clear title to both vehicles, but the 401k loan is really attached to one vehicle. Do these vehicles count as community property? As far as my residence, will I be forced out of my house while this divorce takes place? Who will receive default custody of our 4 year old daughter? I am interested in child custody, but I am not interested in going into extreme costs to do so. That would not be beneficial to either my daughter or me. I just have a hard time thinking that a non-working spouse could get custody, but that is logic not the law. There are just too many details to post here with the 1250 character limit, so I am also looking for attorneys who practice in Brazoria County. Any help or advice would be greatly appreciated!


Asked on 5/19/06, 4:54 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Divorcing a Non-Working Spouse

No one in my office will drive to Brazoria County.

I suggest you call Patricia Bushman at 713.807.9405.

There is also Jeff Barry at 713.785.4888.

Be sure to let both of them know that I sent you.

Fran Brochstein

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Answered on 5/19/06, 5:34 pm


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