Cut and Shoot, TX Divorce Law Firms & Lawyers

If you are married and you do not want to be married, you need to file for divorce.  Living together is not enough in itself to make you married under the law.  To be common law married in Texas, you must agree with each other to be married, represent to others that you are married to each other and then cohabit in Texas while still agreeing to be married.  When you discuss your situation with an attorney, the attorney will ask you what facts support a claim that you and he are married. The lawyer may then offer you advice or an opinion about whether your claim will succeed in court. It may be a financial advantage to you to file for divorce if there is property to divide.  A house is usually one of the largest assets in a divorce.  

If he is self employed you have a problem because the only asset you can levy on is any known bank account. If he is employed, get the court to give you an order to levy on his wages. Bankruptcy does not relieve him of his obligation to pay support.

It is not a default divorce or the beginning of it. It's an order telling him he has to have you served with the divorce petition by the deadline specified in the order or the case will be dismissed. If you want a divorce, you should file an answer to the divorce petition and ask for a hearing, then SHOW UP for the hearing and tell the judge you think you're entitled to a share of retirement benefits earned during the marriage. You're right that you are entitled to your portion of anything accumulated during the marriage, including retirement benefits. If you're keeping the kids, you're also entitled to child support in accordance with guidelines, and without legal advice you have no way of knowing whether you're entitled to more (or less) than you've agreed to. You really need a lawyer. Have you tried calling legal aid or asked a lawyer about a time payment program or trying to get the judge to order your spouse to help pay your lawyer fees? Good luck.