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dirkmanchest
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Reged: 11/16/08
Posts: 19
divorce and mental issues in Texas
      #643259 - 03/21/10 10:58 AM

My spouse is in jail on agg assalut with intent on the next door neighbor.
She brandished a knife with a 7 in blade and chased him around his car on his driveway.
She was found unable to participate in her defense and sent to a state hospital. She was restored to competency, pleaded guilty to felony assault with a weapon and given 5 years supervised release. Once out of jail she promptly violated and was returned to jail.
This was June 2009. She was reevaluated and found competent by the state's psychologists.
I have not been allowed to proceed. I have the decree drawn up, the QDRO for division of the IRA and my pension.
I paid for Ad Litum as ordered. Is there legal precedent to allow the judge to deny the dissolution and force me to stayed married? Can I be forced to stay married in Texas because she had/has mental issues? What about when one spouse becomes demented, has Alzheimers, stroke, or is left brain dead after a major car accident?
If so, for how long? What happens when she is released in 3 or 4 years? Can I still be denyed divorce?
There are no minor children, I accepted all of the bills including her debts. I have 24 years on active duty and currently an 0-4, with all that is going on I have neglectd my career nad will never make my 0-5. Can anyone, please help me to find a lawyer that can hadle this matter?
Anyone at all, I throw myself at the mercy of this forum.

Edited by dirkmanchest (03/21/10 04:57 PM)


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CuriousGeorge
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Reged: 01/15/09
Posts: 216
Re: divorce and mental issues in Texas [Re: dirkmanchest]
      #643445 - 03/22/10 12:13 AM

What county was your divorced filed in?

I am not familiar with these types of issues and probably cannot help a lot. My gut reaction is this:

1) No, the judge cannot ultimately stop your divorce.
2) The judge can and will delay the divorce to a) prevent your STBX's mental health bills from being passed on to the state of Texas and b) make sure your STBX has a difficult time filing an appeal. In most divorce proceedings (90%+), the two parties negotiate a settlement. If she is in and out of mental competence, then she cannot technically negotiate a settlement in her best interest and that seems to open the door for an appeal.

If your STBX is nearly back to mental competence, you might be able to offer up some alimony (spousal support) to get the divorce closed. You just need to decide how much you want to spend before or after the divorce. With a little patience, this may clear itself up soon.

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You never know someone until you divorce them.


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dirkmanchest
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Reged: 11/16/08
Posts: 19
Re: divorce and mental issues in Texas [Re: CuriousGeorge]
      #662651 - 05/22/10 06:49 PM

I have a hearing date in June 2010. I filed when she was arrested in June, 2008.
She has been restored to competency and pled guilty to agg assault with intent and was given 60 months in custody.
Since she was restored and has pled out and did so of her own free will, then she is competent in divorce court,right?
If she refuses the papers, can the judge sign for her like a default case? Just to add, I took on all bills and debts.
She has no financial resposibility. And when the papers are signed she will get 1/2 of the military TSP, about 12,000.
sent to her by .Gov check immediately. And 1/2 my retirement from active duty for life.


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