What are my rights in a divorce?

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What are my rights in a divorce?

I am preparing to leave my husband. We have 2 children together. We also have a car that I plan to take when I leave but my name is not on the title. Additionlly, I will be taking money from his checking account to pay for the trip. I will then be filing for divorce in my new state. I was just wondering how much legal trouble, if any, I can get in for doing this?

Asked on May 8, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I urge you not to leave the state with the children.  It could be considered kidnapping and not bode well for you. It will take you time to establish residency in the new state to file for divorce (generally 6 months) and in that time he can have the children brought back to their home state and you put in jail.  Assets that are acquired during a marriage, as well as money earned during a marriage, are marital assets and subject to distribution in a divorce.  Your state is a community property state and assets are split 50/50. That is not to say that he won't report the car stolen and then what will happen if you get stopped?  Please seek legal help here before you do anything.  Good luck.


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