Filipina friend divorce filed in Texas during NVC stage

[Steve2022 41]

So I have a Filipina friend, a friend of my wife, and so the friend is going through a divorce.  She's been sent divorce papers, nearly 2 months ago.   She is still in the Philippines and the marriage was aborted (divorce papers filed) during the NVC stage.  The husband is a servicemember in the Armed Forces, and repeat infidelity was involved.  The soldier was even demoted over it.  But it is my understanding that under Texas Law, where the papers were filed, she is still entitled to 1/2 his pay after taxes as a dependent, during the time they were married, and she shouldn't sign any divorce papers until she has had a hearing in court.  The remittance records over the last 2.5 years show paltry sums to support her and her daughter (who is not a daughter of the soldier, who is on his 3rd marriage).  So my question is, how much of a case does she really have, and what is the best way to go about getting an attorney, and can she find an attorney to work for no money up front in Texas?   She would like to just have enough money to pay a Filipino lawyer to recognize the divorce, and enough for the Agent fees to go work again in Korea, where she met him.  I think if she presents a little resistance, she should be able to get a reasonable settlement.  But maybe I'm wrong.  I have little knowledge about these things, so I ask the community. 

[Boiler 45,516]

Entitled to half his pay? Did he adopt her daughter?

 

How long have they been married?

[Steve2022 41]

3 hours ago, Boiler said:

Entitled to half his pay? Did he adopt her daughter?

 

How long have they been married?

Well, I don't know, but the Army said she was entitled to some support each month.  If she were in Texas, she'd be entitled to half his disposable earned income, while she is married.  Not after being divorced.  But cost of living is less in Phils.  The Army already made him send some specific amount last month, but he sent nothing this month. 

He did not adopt her daughter.  He has a daughter of his own, and he has already moved on to a new girlfriend.

2.5 years. 

She's not a money grubber, she just wants it to be over also, but I want to see her at least get her lawyer fees in the Phils paid for.   She quite her job because her husband said to, and filed her own I-130 and NVC package, so she's not a dummy.  Spent all her savings during the visa process.  She helped my wife with some of her documents.   She hasn't voluntarily signed anything, but within about 3 weeks he can get the divorce in Texas, if she does nothing and he is on the ball. 

 

Edited May 5, 2022 by Steve2022

[randy32 165]

From what I know about court cases in the US, if she does not respond and/or does not show up in court, a default judgement is entered against her.

Same will happen in this case. I think that is why he filed in the US because she will have to deal with these roadblocks.

 

I don't know of any lawyer who will not take a case like on contingent. How will they get paid in the end?

 

Has she considered filling for divorce in the Philippines since he is stationed there? I don't know how it works over there.

[Bob in Boston 709]

Alimony in Texas. Google is your friend....... lots of info on this subject

Will the court order spousal support in my case?

Spousal maintenance is decided on a case-by-case basis. There are basically four ways in which a spouse can get an award of spousal maintenance:

1. The spouse from whom spousal maintenance is sought has been convicted or received deferred adjudication for a family violence offense against the other spouse or the other spouse’s child within two years of the filing of the divorce or while the divorce is pending. The duration of the marriage is irrelevant. 
2. The marriage has lasted for at least 10 years and the spouse seeking spousal maintenance lacks sufficient property or income to provide for her reasonable needs AND is either a) disabled or b) primary caretaker of a disabled child, or c) lacks earning ability to provide for his or her minimum reasonable needs.
3. The parties can agree that spousal maintenance be payable for a certain time period.
4. If a spouse is a sponsored immigrant, he or she could enforce the Affidavit of Support executed by the other spouse and request that the Court order the sponsor to provide the immigrant spouse 125 percent of the Federal Poverty Guidelines until the immigrant spouse becomes a U.S. citizen or until he or she has earned 40 credits of work history.

[Boiler 45,516]

Sounds like this is more a Military thing where she could appy to get some of his pay, but if they are going to be divorced in a few weeks I doubt it makes much difference.

[RO_AH 1,659]

15 hours ago, randy32 said:

Has she considered filling for divorce in the Philippines since he is stationed there? I don't know how it works over there.

1. There is no divorce in the Philippines

2. He is not stationed there. The OP said that he is stationed in Texas.

[Palawan 131]

18 hours ago, RO_AH said:

1. There is no divorce in the Philippines

2. He is not stationed there. The OP said that he is stationed in Texas.

Muslims can and do divorce in the Philippines

[Palawan 131]

On 5/5/2022 at 6:08 AM, randy32 said:

From what I know about court cases in the US, if she does not respond and/or does not show up in court, a default judgement is entered against her.

Same will happen in this case. I think that is why he filed in the US because she will have to deal with these roadblocks.

 

I don't know of any lawyer who will not take a case like on contingent. How will they get paid in the end?

 

Has she considered filling for divorce in the Philippines since he is stationed there? I don't know how it works over there.

Correct, that is how it works in Texas, This guy maybe consulted an attorney and now has a quick and easy default judgement in his favor and he will come out smelling like a rose.

 

Smart guy

[RO_AH 1,659]

2 hours ago, Palawan said:

Muslims can and do divorce in the Philippines

Is the OP's friend Muslim?

[Steve2022 41]

On 5/6/2022 at 6:06 PM, RO_AH said:

Is the OP's friend Muslim?

No.    I advised her just send a letter to the courthouse where the divorce was filed, and tell them she wants to contest the divorce.  That will force him to hire a lawyer, or pay her off so she can afford a lawyer to get the divorce recognized.

[RO_AH 1,659]

21 minutes ago, Steve2022 said:

No.    I advised her just send a letter to the courthouse where the divorce was filed, and tell them she wants to contest the divorce.  That will force him to hire a lawyer, or pay her off so she can afford a lawyer to get the divorce recognized.

My question about your friend being Muslim was rhetorical in response to Palawan. I knew that she wasn't 😉

 

But your advice sounds appropriate given the circumstances.