I have been married for 20 years and my husband is cheating. We have 2 boys, 21 and 12. He is the sole provider and I have not worked in 18 yrs. What will I get if I want a divorce? We bought a home in 09' and have cc maxed out, and our cars are not paid off. I was told by a PI that I was able to get 90%, is this true? I have been able to live a life style that without him and his income as I do not work, would not have been able to live. Please advise as I do not want to work things out, but am unable to pay the bills also
Divorce / Separation Lawyer
As far as the court is concerned, you only have one child, the 12 year old.
It sounds like you meet the minimum requirement to receive spousal support. However, Texas is a very unfriendly state to stay-at-home moms and you need to start looking for some kind of work right now. You need to do that for two reasons: First, your diligence in looking for work is a factor the court can consider in determining whether you are to receive spousal maintenance (that's what we call alimony in Texas). Second, you will need the money.
If you are the primary conservator, the court will order your husband to pay child support to you until the child turns 18 or graduates from high school, whichever is later. But you never know if you're going to actually receive it because there are lots of parents who just don't pay.
That's a third reason to go find SOMETHING that will pay.
I am really sorry that you are going through all this. And I hate to be the one to break it to you that the law in Texas does not care much about your being able to maintain any kind of lifestyle. All the court will care about is whether your are able to earn enough money to cover your reasonable living expenses.
Sometimes, if cheating is the only issue in the marriage, for both parties it's much better to try to get some couseling, figure out what was at the root of his cheating, and try to fix the problem. Divorce will leave you destitute in Texas if you don't have much in the way of assets to split.
Family Law Attorney
I am sorry you and your family is having this kind of pain. You need to consult with a divorce attorney in Texas as states differ on support and property issues.
This response is only informational and is not intended to provide legal advise nor to establish an attorney-client relationship.