Legal Question in Family Law in Texas

My husband wants to divorce me. We've been married for nearly 25 yrs. I've been a stay-at-home mom for the last 20 yrs. Homeschooled both daughters. One has graduated, the other is 13 and in the 8th grade. I am trying to get him to seek marriage counseling with me, but I'm not sure he wants to at this point. I don't want to pursue a divorce, I feel this would be a devastating thing to have happen to my daughter at this time in her life.

My question is: If my husband does decide to go ahead and pursue divorce, What rights do I have? Who pays for the divorce especially if I don't want a divorce?


Asked on 11/09/09, 12:23 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Generally, if he wants a divorce, he'll get one. I've never seen a judge force someone to stay married.

Ask your pastor to talk to your husband.

If your husband pursues the divorce: You have the right to ask for a fair division of community property. You can also ask for temporary spousal support (temporary alimony) and temporary child support. And you can ask for "permanent" spousal support, and child support until the child turns 18. You're going to need a lawyer for this, and you should talk to relatives about borrowing $3500-$5000 for the up-front fee.

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Answered on 11/16/09, 9:58 am


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