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Non Contested vs Contested in Texas
Fort Worth, TX
Viewed 106 times.
Posted 3 months ago in Divorce / Separation
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My wife and I plan to get a non-contested divorce in Texas. I am a military retiree and plan to ensure she receives half that pension. She will be remaining in the home, with all the furnishings. She also works, and has done so thru the entire marrage or 22yrs. I am now a contractor working overseas, and need to know, will I be required to pay spousal support also if she keeps all the mutual property? If so, is there a time limit of support? I think she may be expecting more support and may cause a 'contested' divorce??
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Answers (1)
Kevin L. Colbert
This attorney is licensed in Texas.
Posted 3 months ago.
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In Texas, a spouse can make a claim for "spousal maintenance" in a divorce. To be eligible to make the claim, she must prove she is a spouse, the marraige lasted 10 years or longer, she lacks sufficient property to meet her "reasonable minimum needs" and she cannot support herself becuase of disability, her child's disability (if she has a child) or her lack of earning capacity. Does the property your wife will receive and her wages from her work satisfy her abiiity to meet her minimum reasonable needs? If she can pay here ordinary living expenses, credit cards and medical bills with the property and her wages then a court may find that she is not entitled to spousal maintenance. As far as time limited, if spousal maintenace is awarded, it can only be awarded for the shortest reasonable period but no more than three years.
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