Carrollton, TX asked in Divorce and White Collar Crime for Texas

Q: I asked my husband how he has me in debt and no hes divorcing me. What do i do?

Related Topics:
1 Lawyer Answer
Chad Zubi
Chad Zubi
  • Criminal Law Lawyer
  • Kingwood, TX
  • Licensed in Texas

A: If he hasn't actually filed yet then you can file a petition for divorce first. If you don't file first then your husband must have you personally served with the paperwork initiating the divorce lawsuit. He may ask you to sign a waiver of service, and it is wise not to do that. Once you are served, you will have to file an answer before the first Monday following the expiration of 20 days from the date of service. If you do not file an answer you risk having a default judgment taken against you. There is also a minimum 60 day waiting period before a divorce will be granted, so both you and your husband will have to wait for that deadline to expire, even if everything in the lawsuit is already settled.

There is going to be a division of the property and debts in your divorce, whether you settle on it or the court decides it. Also, if you have children then you will have to either settle, with your husband, on a parenting plan or the court will put one in place.

I suggest that you talk to an attorney about representing you in the divorce, all too often people who represent themselves give up valuable rights that they didn't even know they had.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.