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When do I file for support maintenance and the qdro?

Asked about 2 years ago - Dallas, TX

My husband has a lawyer that has served me with divorce papers, the divorce is contested because marital property that he has disposed of and he doesn't want me to get anything I'm entitled to. I have been on social security disability for 6yrs and cannot afford a lawyer. We have been married for 18yrs separated for the last 3yrs with 2 children I do get child support through oag. I cannot work, my children have their own medical issues that his insurance does not pay and he is not reimbursing me. I am not receiving public assistance. I need immediate financial relief while the divorce is still in process and after its final. We tried to do the divorce ourselves with a mediator but he would not give his financial information, so I was told I need to get a lawyer which I cannot afford.

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Jordan E. Watson

Reputation Level 14

Answered about 2 years ago. Family Law Attorney in Fort Worth, TX.

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I cannot tell you how important it is that you have a lawyer to represent you in this matter. If you cannot afford a lawyer, try Legal Aid of Northwest Texas (www.lanwt.org). They offer free legal assistance to persons such as yourself who live on fixed income.

If you cannot be helped by Legal Aid, I suggest you do everything possible to find an attorney who will work for a lower fee.

I do not advise ANY client to take on a QDRO on her own. They are not easy to draft and if not drafted correctly, can be unenforceable or have a different effect than you intend. Further, if your husband has a lawyer, that further makes the playing field uneven and you coudl be taken advantage of.

If your husband is refusing to turn over his financial information, you need to obtain from him discovery. By requesting discovery, he is legally obligated to provide you with financial information. If he does not, he is subject to sanctions.

I strongly encourage you to do everything you can to find an attorney to help you. I do not advise you to proceed on your own.

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