Wife has attorney, I don’t. Initially agreed to an amicable divorce

UPDATED: Oct 1, 2022

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Wife has attorney, I don’t. Initially agreed to an amicable divorce

I am in Houston Texas, I was in the process of filing a divorce without an attorney, in the meantime my wife did get an attorney and filed for divorce. We have a mutual pre-divorce restraining order that my wife will not follow. I have no funds for an attorney to protect myself. My wife is an active alcoholic and is very unpredictable. She is withholding her income from our joint account to pay mutual living expenses which is in violation of the temp. order. Is there anything short of finding money and getting attorney that I can do?

Asked on January 11, 2018 under Family Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can pursue contempt of court against your wife for violating court orders. 
You will need to file with the court an Order to Show Cause for a hearing on the contempt of court claim.  Call the court clerk to schedule a hearing and enter the date/time/department of the hearing on your Order to Show Cause.  Also, file a declaration signed under penalty of perjury stating the facts supporting your contempt of court claim.  If there are documents or other items that provide supporting evidence of your contempt of court claim, file those with the court.  You will also need to file a proof of service (court form).  Mail a copy of all your court-filed documents to your wife's attorney so that your wife will have notice of the contempt of court hearing.  The proof of service verifies the date of mailing your documents.  Prior to filing your documents with the court, ask the court clerk if there are any additional required documents to file for contempt of court because the required documents may vary from state to state. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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