What to do if I received divorce papers filed by husband and he falsely claimedthat we separated 10 months ago when in fact it was 6 months ago?

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What to do if I received divorce papers filed by husband and he falsely claimedthat we separated 10 months ago when in fact it was 6 months ago?

He has also violated numerous court orders that are stated in the divorce documents. Damaging property, trying to steal my car, drained and closed bank account, physically assaulting me, threatening to kill me, cancelling my phone and auto insurance. All this and he filed the suit. Are there any legal ramifications for his actions?

Asked on November 1, 2011 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first part of your question involves the 10 months versus 6 month separation issue.  Texas is a no fault state which means the when and the why are not material to someone filing a divorce.... so as a general rule, minor deviations like this one are not going to have a major impact.  However, in the rest of your question, you do raise some other serious concerns.  With regard to disposing of property:  If he is violating a temporary order and disposing or damaging property, then you need to document the violations and file a motion for enforcement or contempt.  You can also request a greater share of what is left of the marital estate to compensate you for the loss cause by his behavior.  With regard to his physical assaults and threats:  You really need to get a protective order.  The court can grant one through your divorce.  The protective order can remain in effect for up to two years.  If he violates the protective order, then he can be arrested and charged with the criminal offense call "violation of a protective order."  You should also call your local law enforcement agency to file complaints for the assaults and the threats.  Depending on the severity of these events, he may be facing additional criminal charges, not just a contempt action with the family court.  You may want to visit with a family law attorney to help you file the proper paperwork to make sure that you and your property are protected while this divorce is pending.  If the violence has escalated to an emergency situation, you can apply for an Emergency Protective Order through a JP, and then a regular protective order through your district attorney's office.


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