Legal Question in Family Law in Texas

I got married 17 yrs ago. We were only together for a total of 3.5 yrs. We have lived in seperate cities for over 12 yrs. straight with little contact and sometimes yrs. without contact. She was convicted during our sepreration 11 yrs ago for negligence resulting in the death of our daughter. She served jail and prison time in the result of this and is on parole. I am now trying to divorce her and she is trying to get alimony. The judge sent us to mediation but I feel that I should not have to pay alimony considering the yrs. seperated and circumstances. My question is: Is there a chance they would consider awarding her spousal support. I do not own a house or community property and barely make it financially month to month.

Thank you. (Texas Resident)


Asked on 10/04/10, 6:42 pm

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Texas has very specific limits on spousal maintenance (alimony). If your wife is not disabled, the support cannot last longer than 3 years. Also the purpose of spousal maintenance is to help her get on her feet, such as go back to school to get a job she will need as a result of the divorce Since you were separated 11 years ago, this does not seem to be the case. Unless your lawyer agrees to spousal maintenance it does not seem that she is entitled to it. Also there is a limit to how much maintenance can be awarded based upon income.

Temporary spousal support is different. Even if your wife is not entitled to maintenance, she can seek temporary spousal support. You need to speak with a family law attorney in your area.

Read more
Answered on 10/10/10, 8:37 am
Fran Brochstein Attorney & Mediator

It looks like you live in the Houston area. If you don't have an attorney, you need one!

It sounds like you don't have much money. I'm not taking new cases because my mom is sick.

I suggest that you call PATRICIA BUSHMAN at 713-807-9405. She will bring you into her office for FREE. Then she will quote you a price. She offers payment plans.

You really need an attorney! You need someone to advocate your position to the Judge. Your position sounds reasonable to try to defeat the TX Family Code. However, you need someone to get the evidence in front of the Judge.

Good luck!

Read more
Answered on 10/10/10, 2:26 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas