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A few divorce/custody questions

Started by charlie967, Feb 06, 2006, 05:24:35 PM

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charlie967

My best friend and her husband just started the divorce process. They are in Texas and I posted this on the TX board too. They have been living together for 16 years - 10 of those years married.  They have two girls both 8 & 10.  She filed for divorce a couple of years ago - no fault -  and then he begged and pleaded for another chance and she wanted to make it work so she said yes.  They both have contributed to what led up to the divorce.  They have already agreed on who would get what, how the bills would be split(they were already financially divorced since he kept the money separate...he had her account, she had hers.  His vehicle was in his name hers in hers), they want joint custody - one week w/one parent, one w/the other, 2 hr visit on Wed for the parent who doesn't have the week, he will pay her $$ from the house - she said he didn't have to pay it all at once....she is letting him pay her over a 6 year period (not sure I think that is the best idea but hey it's not my divorce!!), no child support, no spousal support and they are not fighting over their retirement.  They keep their own. I'm trying to help her w/some questions and answers for her and for her to ask when she goes to sign the paperwork.  She has not hired an attorney (bad move) because they are trying to keep it easy and cheap.  He has one. So here are my questions.

1.  Should the paperwork state "Joint Custody" or "Joint Managing Conservatorship"?  I have the later w/my son but it is not every week.  It's the 1st, 3rd, and 5th etc.... I looked up the Texas Family Code and it gets to be a little confusing on that.  It does state elsewhere that they share equal rights but it doesn't spell out the equal rights like who has the exclusive right to do this etc....I didn't think in joint custody that was necessary.  

2.  Since they both have different addresses, what address do they use as the primary address for the kids?  They have a post office, well he does now.  Can that work?

3.  If one of them is in another relationship, can that hurt the case? I don't think the other one would bring it up in court but say they did and could prove it....what could happen?  Legally?  Remember it was filed as no fault.

4.  What would happen if he died before the $$ to her was paid off?

Just curious what others think.  I've already told her what I thought but I don't know if what I told her was right or not.  It's hard because both of them are mine and my husband's friends.  She is my best friend and I have known her most all my life.  It's hard when one asks why didn't you tell me this or that.  So I'm trying best to stay out of that and just give whatever advice I can.

Thanks everyone.