Need Attorney Advice

first of all, your husband wants to divorce you and move to TX so why do you feel obligated to follow him? Can't you stay in TN? I mean, what are you plans for the big picture? He can still move and you can stay where you are until you both work out the details. As far as your son goes, my step dtr is moderately retarded and has been in public school special ed classes for 14 out of her 15 years and they have been great with her. If he has a medical diagnosis, the school will test him and draw up an IEP to put in place for him and put him in the appropriate class. This is very common and the school can handle it (so can your son). Just sit down and figure out where you are going to live and how you are going to pay for your basics. That is the very first thing you need to do. Then you deal with whatever comes up next when it comes up. There are lots of us who have been thru it and although its hard, you will make it and it will be ok. Just take baby steps right now. Good luck.

I'm pretty sure you have to live somewhere long enough to be considered a resident before you can file. I would assume it would be best for you to file where you live now. Check the divorce laws for your state and texas, they may be vastly different.

Public schools should be able to handle your son - speak with the special ed department. Asperger's is pretty tame compared to a lot of what the schools deal with, and your son is probably eligible for all kinds of services. I've taught in private school, and I have to say that often there are more resources in public schools.

I can't imagine finding an attorney to take your case pro-bono, however - maybe you can contact legal aid in that area. You will be entitled to support from your husband and a portion of that can go for legal expenses. I'd ask a legal source in your current city whether you should wait to file. Perhaps you should document some things now rather than wait 60 days. I imagine it wouldn't be good if it looked like you were following your ex to Texas so you might need to take some action now. Legal aid should be able to help.

I'm so sorry you are going through this. You clearly are a strong person because you are dealing with your son's needs over your hurt and anger. So hang in there but don't be afraid to get ticked off and get some help for yourself.

I'm so sorry that your husband is a jerk and did this to you and your son. What a creep. However, you just might be better off! You would probably not be able to file in Texas. You would have to establish residency here and I believe that is six months to a year. Check and see what benefits you would get by filing in Tennessee. Might be better for you! However, you would have to have him served here in Texas. What a mess!!!! I would contact legal aid in Texas and see what they say.

Schools are set up to work with special needs kids. Check with the school district and see what you need to do to set your son up for success. How is he doing with all of this upheaval? Good luck!!

if you are going to file do it where you are now. otherwise you will have to wait about 6 weeks or so.

Check your residency requirements - here it's at least 6 months! You might do better there (depending on laws in both states) since he high-tailed it out of there ... hopefully somebody will know more!

D.:

I believe you have to be a resident of the state in order to file for divorce...the only state where that isn't true is Nevada - home of the quickie divorce.

I'm truly sorry this is happening to you..

I don't understand why you need to move to Texas if you've been in Memphis for so long...

Your attorney - you should be able to find one at the court house - oooh I'm not sure what the location is called but if you ask the court clerk - they will be able to direct you to the right place.

Your husband will most likely have to pay alimony and child support. At least that's MY opinion...

You will be in my prayers..

If you wait to file in Tx., you will have to wait usually 6 months to be considered a legal resident of that state and also getting legal aide may not be as easy. I would go ahead and file now if you can, there may be a small fee, but it will be worth it in the end. I assume you will be going for full legal and physical custody? You should have NO PROBLEM getting alimony and child support after all of those years being a stay at home Mom and also having a child with specil needs. Apply for SSI right away. It takes only between 2 weeks to 3 months to get an answer compared to years for an adult, so make sure you do it soon. Your son will also be eligible for medicaide from SS if he gets on SSI, and then you won't need to worry about your ex covering him with medical insurance, or worse, paying any co payemnts. He will still need to provide medical for you if he has and you ask to put it in the divorce. That or you can apply for the state medical insurance when you apply for other assistance as well. Do NOT feel badly about applying for aide right now, that's what it's there for, and your husband has worked for many years paying into it, so it's your turn to get something back out of the system. They may ask you to go through their child support enforcement agency, which will actually help you anyway. Their attourneys will take on your ex to get child support for you, and will cover any court costs for that. As long as he is working, his child support will be taken right out of his paycheck, and sent directly to you without him having to do any of it. He can't "forget" to send it or get behind, and if he were to fall behind because of a lost job, etc..... the enforcement agency is the one who will do the enforcement for you. They will give him a warning for the first 30 days late, and in most states after that they take his driver's liscence and the next step if no payment is made would be a warrent. They don't play games. Good luck, God bless, and talk to the public schools about an IEP. YOur son will be ok in school, although I do understand the fears. I have custody of my 9 yr old nephew who is also diagnosed with Asperger's and I am always afraid for him at school. He has done very well so far though. He even has some nice friends in his inclusion class. We have been very lucky with great teahcers and a great school system though. I wish you the best!