Hi I have a sitch in general topics but since I am now going through a Divorce thought I could find some others going through the same in Texas

Since I have only been here less than 3 years I do not have alot of info on D here. I have an Atty, I am trying to put up roadblocks to delay the process.

I am scared I am going to lose much more than possible financially. I have charged WH with adultery but I don't know how much it will weigh in financially.

Any others here that can help it would be greatly appreciated. Especially since every time I call the Atty office it will cost me.

Texas law is pretty statutory. There's not a lot of situations that aren't typically spelled out in the books. You guys add up your assets since the M, subtract your combined debts (everything is combined since the M), and then each person takes half.

Scenario:

He has a car worth $25K, but still owes $15K. He also has a 401K worth $200K. His assets are worth $210K. He also has $10K in debt (credit cards, loan etc), so his actual net is worth is $200K..

You own your car outright and it's worth $15K. You have a 401K worth $150K. You also have $10K in savings. Your net worth is $175K.

You both own a house worth $300K.

You guys have a combined net worth of $675K. You guys split that and walk away with half.

If you get spousal support or some form of alimony, his attorney is a big sucker. His affair doesn't really factor. If your attorney tells you otherwise, you're being taken for a ride. The courts don't care. Texas is considered no-fault. The only thing that would be affected is custody of any minor children.

Seabird thanks for the response, even though it is dismal. The problem is that I have much more in 401K than WH. He wracked up his credit card since the A (which I could prove), he admitted to the A with both daughters. I was hoping with a long term M that would be taken into consideration also.

Everything we have worked for will be lost because of this A. Will my funds from the 401K prior to the M be excluded? I probably had about 20K before we got married which I was hoping to extract. I am worried that I am going to be taken over the coals.

We are going into mediation next month. I am trying to find out ways to drag it out hoping that OW and WH will start love busting.

I hate this stuff.

Yes. You only split assets acquired since the marriage began. For example, my W and bought our house while we were engaged. The loan was entirely in my name, and I put an $10K down payment. I am suppossed to full rights to the house since it was purchased before the marriage, all I would owe her is half the equity minus th $10K downpayment.

You also exclude any gifts give specifically to you, even during the marriage. My father pass away about a year and half a go, and I received a $5K life insurance payment. That money is sitting in a separate account and is known as 'separate property'. I can't use it till after the divorce, but I don't have to split it.

Regarding credit card debt, I'm told that's not 50/50 but based on income somehow. However, if you can prove that he spent the money on something that you don't have access to, then that would factor in. I am not 100% clear on how that works. Related to that, every asset you all have is factored in, so if he bought himself a $5K whatever, you have equal rights to that.

You said you wanted to delay the proceedings? I'd let your lawyer handle that. Be warned that they charge for any contact with you, including email conversations they initiate with you. I've gone a month without talking to my lawyer. I was served about 10 months ago, and we don't even have a proposal written up yet.

hope - I think dkd is pretty much on the money here (no pun intended). And now that I think of it, he might be correct w/re to the credit card debt. Unless the cards are in both of your names. But if he had some secret debt accruing that you have no knowledge of, you might not have to split that. I'm kind of fuzzy on that detail. Also, you keep assets prior to the M, and any personal gifts you've received. Even gifts from him. He can't make a claim on any jewelry he gave you, for example.