Legal Question in Family Law in Texas

What is Texas law on dersertion and or abandonment, no children, in regards to spousal support?


Asked on 3/19/11, 10:03 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Spousal support is limited in Texas. You need to sit down with an attorney and discuss it.

Very broadly - you must have domestic violence recently (less than 2 years & you need some sort of proof) or have been married for over 10 years and you don't have the ability to make money yourself. (If you have a career, then you won't get any spousal support.). Also, the person must have money or assets that you can access. If there is no money, then you aren't going to get any spousal support if the person has no money to give you. Plus, you may or may not get your legal fees reimbursed by the court -- so you might get some spousal support but you might have to pay all of your legal fees -- so you might end up losing money! Therefore, this really gets complicated.

I believe I address this on my blog. I did it many months ago (maybe a couple of years ago.)

www.txfamilylaw4u.blogspot.com

Be advised that the TX legislature revises the TX Family Code every 2 years so don't rely on any law that is over 2 years old. The TX legislature is currently meeting in 2011 & the laws might change again effective in 9/2011 or later.

Talk to an attorney in your county to see how the judges in your county feel about spousal support. Some judges are more lenient about spousal support and some are very tight fisted about granting spousal support. You might be wasting your time and energy even asking for it.

Good luck!

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Answered on 3/27/11, 1:11 pm


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