De Leon, TX Divorce Law Firms & Lawyers

Talk to an attorney, You need to file papers in the Divorce court as soon as possible. There is a limited amount of time to assert fraud or lack of service of process. The case can be reopened, Wife sanctioned.

I advise you hire a lawyer. Her lawyer has no obligation to even ifnform you about what the court would normally do or what your rights are.  Even for a divorce when parties agree on most terms, there are usually terms on which the spouses differ.  Then the only solution is mediation or a trial. You will want a lawyer with you at mediation and at trial.  You will have your rights and interests better protected with a lawyer on your side.  Regarding possession of your child: If the child is age three or over, Texas courts will grant you possession of your child under the expanded standard possession order. That allows overnights with you the first, third and fifth weekends of every month Friday afternoon through Monday morning with pick up and return at your child's school.  You also are allowed possession on Thursday overnight to Friday morning, again from school dismissal to school return on Friday.  Thursdays are every week during the school year. You should also get time during Thanksgiving week and the Christmas break, so please at least consult a lawyer to learn more about your rights and schedule.  

If you and your husband purchased the new house during your marriage using community funds, then it is most likely community property subject to a just and right division as part of your divorce process.If there is a mortgage on the new house, in most circumstances, if the court awards the new house to one spouse, that spouse will also be obligated to pay the mortgage payments.  If both spouses are on the mortgage, the spouse to whom the house is awarded will sign a deed of trust to secure assumption to protect the other spouse in the event of a future failure to pay the mortgage.  If there is substantial equity in the new house, the spouse to whom the house is awarded may be ordered to pay a sum of money to the other spouse, which in most such circumstances will be protected by an owelty lien.Alternatively, the court may order the parties to sell the new house and then divide the net proceeds between you in a manner that is just and right.