Asked 8/6/2009
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In a Texas divorce with no grounds what is she entitled to? In a Texas divorce with no grounds, what is she entitled to? |
Answer 1/3 - Submitted 8/7/2009
Answer 2/3 - Submitted 8/7/2009
Answer 3/3 - Submitted 8/7/2009
In Texas ( a community property state), the court will consider all relevant factors, including ( and from the statutes)
(1) the financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse’s ability to meet the spouse’s needs independently;
(2) the education and job skills of the spouses;(What sort of job do you think your wife could get ?)
(3) the length of the marriage; ( you have a long marriage)
(4) the age, employment history, earning ability, and health condition of the spouse seeking maintenance; ( you would know this factor)
(5) the ability of the spouse from whom maintenance is requested to meet that spouse’s personal needs; ( this means IF you can pay)
(6) the dissipation of any marital assets;( who ends up with what)
(7) the financial resources of the spouses;( who has trusts, education, royalties, income stream)
(8) the contribution by one spouse to the education or earning capacity of the other;( did your spoude put you through grad school or eat hot dogs while your business was growing?)
(9) any pre-marital property; ( who had the "dowery")
(10) the contribution of a spouse as homemaker; ( raised three kids and entertained and washed your clothes?)
(11) Any marital misconduct of the spouse seeking maintenance; and ( this speaks for itself)
(12) the efforts of the spouse seeking maintenance to pursue available employment counseling as provided by Chapter 304, Labor Code. (Texas Code - Family Code - Chapters: 8.001-8.055) ( she will have to be evaluated as to the promise of earning capacity)
As far as child support goes ; these are the factors the courts consider
The factors for consideration are: (1) the age and needs of the child;
(2) the ability of the parents to contribute to the support of the child;
(3) any financial resources available for the support of the child;
(4) the amount of possession and access to the child;
(5) the net resources of the parent to pay support, including the earning potential of the parent to pay support if the actual income of that parent is significantly less than what that parent could earn, if intentionally unemployed or underemployed;
(6) any childcare expenses necessary for the employment of either parent;
(7) whether a parent has custody of another child and any child support expenses being paid or received for the care of another child;
(8) the amount of alimony being currently paid or received;
(9) provisions for health care;
(10) any educational or health care needs of the child, including college expenses;
(11) any benefits a parent receives from an employer;
(12) any debts or obligations of a parent;
(13) any wage or salary deductions of the parents;
(14) the cost of traveling to visit the child;
(15) any positive or negative cash flow from any assets, including a business or investments;
(16) any provisions for health care or insurance;
17) any special or extraordinary educational, health care, or other expenses of the parents or the child;
(18) whether either parent has a car or housing furnished by an employer or other person or business; and
(19) any other relevant factor. The court may order health insurance coverage to be provided for the child. In addition, the court may order income withholding to secure the payment of child support. [Texas Codes Annotated; Family Code, Chapters 154.001 to 154.309].
I am sure you have already hired counsel, and they will take a look at these factors and tell you what to expect. You can contest a divorce ( most people never think to do this) and work with one another for the sake of the children; the want their parents even if the adults don't like one another
http://www.capitol.state.tx.us
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