Do I Have Any Rights?

[gladyce]

What is the name of your state?TEXAS

My husband and I have been married 2 yrs. and 8 months. We have ordered legal separation documents and everytime I ask him to sit down with me and work on it, he says, "You know what was yours when you came here, just write that down".
Trouble is, the only thing of value I had was a car which I have since wrecked. He bought me another one, but, it is in his name. This is his fourth marriage and my second. My first husband died in 1987 and I have never experienced a separation or divorce before.
He has land, a home, 401K, Retirement, Bank account, etc.
I filed for my social security disability 18 months ago and still have not gotten it. I haven't worked since May of 2003. My attorney assures me I will get it when we have the meeting with the Administrative Law Judge. I want to leave, but, it seems he has me "between a rock and a hard place".
He has me feeling so unworthy and bad that I feel as if I really don't have any right to ask for anything. Do I?
gladyce

Gladys

 

[HomeGuru]

What is the name of your state?TEXAS

My husband and I have been married 2 yrs. and 8 months. We have ordered legal separation documents and everytime I ask him to sit down with me and work on it, he says, "You know what was yours when you came here, just write that down".
Trouble is, the only thing of value I had was a car which I have since wrecked. He bought me another one, but, it is in his name. This is his fourth marriage and my second. My first husband died in 1987 and I have never experienced a separation or divorce before.
He has land, a home, 401K, Retirement, Bank account, etc.
I filed for my social security disability 18 months ago and still have not gotten it. I haven't worked since May of 2003. My attorney assures me I will get it when we have the meeting with the Administrative Law Judge. I want to leave, but, it seems he has me "between a rock and a hard place".
He has me feeling so unworthy and bad that I feel as if I really don't have any right to ask for anything. Do I?
gladyce

Gladys

**A: yes you do have rights but your rights are best when you file for a divorce and not a separation. Go and meet with your attorney again and make sure you set him/her straight.

 

[nextwife]

What is the name of your state?TEXAS

My husband and I have been married 2 yrs. and 8 months. .....
He has land, a home, 401K, Retirement, Bank account, etc.
I filed for my social security disability 18 months ago and still have not gotten it. I haven't worked since May of 2003. My attorney assures me I will get it when we have the meeting with the Administrative Law Judge.

And his "having land, a home, 401K, retirement plan" likely mostly happened before he married you. You should be entitled to half of what accrued DURING the marriage, not half of what he has altogether.

If I divorced my husband, he sure would not be entitled to half of my 401K, retirement, and bank accounts, etc. that came into the marraige. Only half what it grew during the marriage.

And he should be entitled to half of what you accrued into your retirement plans, 401Ks, and bank accounts DURING this very short marriage.

 

[BleedingHeart]

MN.

People legally seperate usually for a period of time to look at the
prospects of working to put the marriage back together OR to divorce.
You did not say "who" wants to file for it, or if it is because of your
disability. A legal seperation is not the same thing as a divorce.
Does anybody else besides me believe in "in sickness and in health?"
Or does this just mean in catastrophic illness? I guess I do not believe
in alcoholism, mental illness, abusive behavior or anything else that
would have been pre-existing and also kept purposely secret when
entering a marriage. (I am not saying this is the case here.)
Social Security Disability takes a long time to sort through. Sometimes
a year or more. It does not go by when you were disabled, it goes by
the date you filed for it. It may take more than 1 visit to an Administrative Law Judge but if you are not aware that anything was finalized, then you should call your attorney and ask what, if anything, happened. If nothing
did you may need another court date set up. Good Luck to You ~~Mary

 

[Tinaa]

I don't think Texas recognizes 'legal separation'. You probably ought to see about talking to an attorney. Alimony is tough to get in Texas unless you've been married more than ten years or there has been DV.