Cleveland, TX Divorce Law Firms & Lawyers

You should first confirm whether or not your divorce was ever finalized. If it was not, it should not be difficult to complete the action now. You can ask the court to make the divorce effective back to a date prior to your next marriage. It is important for you to have the divorce finalized if there are provisions for child support, alimony, or the division of retirement benefits. If the new wife gets a divorce decree that gives her a portion of her husband's retirement benefits before you get a decree giving you part of his retirement, her order will take precedence of your order and could affect the amount you receive. You should contact an attorney to review the status of the first divorce to see what other issues might arise if your husband next divorce is entered before you can finalize your proceeding, and to determine the effect on your current marriage.

You can ask for the house to be awarded to you. The question will be whether you have to pay him for his interest in the house. You could make a good argument for not paying him, but he may have an equally good counter-argument. If the two of you don't come to an agreement, the judge will decide. Do you have children with him?

You do not have to leave your house after the initial divorce petition has been filed. However, there should be a temporary orders hearing within a few days of the filing that determines these types of issues. Because Texas is a community property state you are entitled to half of everything that has been earned by either party outside of a gift, inheritance, or a personal injury settlement. I would advise you to contact a local family lawyer very quickly to properly protect your interests in this case.