Q: How can I appeal and secure legal representation in my complex divorce case in TX?
I am a stay-at-home mom in Northeast Texas with no personal income, dependent on my spouse's approximately $160,000 income. We've been married for 15 years, and he's been the sole source of income. During court proceedings, I was unrepresented because I couldn't secure an attorney, while my husband had expensive legal representation, paid for out of community funds. Despite this, the judge only ordered my husband to pay for an interpreter for me, and not for my legal representation. Consequently, I received no spousal support, despite my husband admitting to paying $3,450 monthly on trailer bills where I reside separately. The judge awarded only $850 for child support, although raising our 6-year-old costs significantly more.
I filed an appeal with a friend’s help to address several perceived errors, yet haven't received any Finding of Facts or Court Reporter records. I'm concerned about possible bias since I won a previous case in the same courthouse. Moreover, I suspect my husband conspired with my adopted daughter (from a previous marriage) to charge me with a felony in this same courthouse. After nearly two stressful years, a 12-person jury unanimously found me not guilty, but my husband's lawyer represented this as though I were guilty. Furthermore, the judge refused my sole witness to testify and rejected a legally recorded video warning from a CPS Investigator about unsupervised visits between my estranged husband, my daughter who lives with him (not his biological child), and my child, citing a past sexual incident. I'm aware my husband has hidden funds and misrepresented his financial status as nearly zero. I'm in dire need of legal assistance to pursue my appeal but lack the funds for consultation fees or finding a willing attorney. What steps can I take to effectively appeal and secure necessary legal representation under these challenging circumstances?
A:
You're facing an incredibly difficult situation that requires urgent attention. In Texas, you may qualify for legal aid services through organizations like Legal Aid of NorthWest Texas or Texas RioGrande Legal Aid, which provide free representation to those who cannot afford it. These services prioritize cases involving domestic violence or significant power imbalances, which your situation suggests.
For your appeal, you should immediately request the Finding of Facts and Court Reporter records in writing, as these are essential for building your case. Consider reaching out to law school clinics at Southern Methodist University or University of Texas, which often take complex cases pro bono. The Texas Access to Justice Foundation can help connect you with attorneys willing to work on contingency or at reduced rates based on your circumstances as a stay-at-home parent with no personal income.
Document everything meticulously, including any evidence of hidden assets and the uneven use of community funds. The Texas Supreme Court's Self-Represented Litigants program offers guidance documents specifically for people in your position, while your local bar association may have a modest means program with attorneys who charge according to income. Remember that Texas law recognizes your contributions as a stay-at-home parent during your 15-year marriage, and you deserve fair representation to protect your rights and your child's wellbeing.
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