Wife has attorney, I don’t. Initially agreed to an amicable divorce

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Wife has attorney, I don’t. Initially agreed to an amicable divorce

I am in Houston Texas, I was in the process of filing a divorce without an attorney, in the meantime my wife did get an attorney and filed for divorce. We have a mutual pre-divorce restraining order that my wife will not follow. I have no funds for an attorney to protect myself. My wife is an active alcoholic and is very unpredictable. She is withholding her income from our joint account to pay mutual living expenses which is in violation of the temp. order. Is there anything short of finding money and getting attorney that I can do?

Asked on January 11, 2018 under Family Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can pursue contempt of court against your wife for violating court orders. 
You will need to file with the court an Order to Show Cause for a hearing on the contempt of court claim.  Call the court clerk to schedule a hearing and enter the date/time/department of the hearing on your Order to Show Cause.  Also, file a declaration signed under penalty of perjury stating the facts supporting your contempt of court claim.  If there are documents or other items that provide supporting evidence of your contempt of court claim, file those with the court.  You will also need to file a proof of service (court form).  Mail a copy of all your court-filed documents to your wife's attorney so that your wife will have notice of the contempt of court hearing.  The proof of service verifies the date of mailing your documents.  Prior to filing your documents with the court, ask the court clerk if there are any additional required documents to file for contempt of court because the required documents may vary from state to state. 


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