if i file for divorce as petitioner, can I ask for spousal maintenance also? I odnt have a job. No family here, no children. how much the spousal maintenance is?
Divorce / Separation Lawyer
Whether you are petitioner or respondent is not relevant to your eligibility for spousal maintenance. The length of your marriage is the first of several hurdles to any post-divorce maintenance. Ten years is the minimum length of marriage for post-divorce maintenance, though you may still be eligible for temporary spousal support while your divorce is ongoing.
Any award of spousal maintenance is dependent on a host of factors, so you will want to consult with a family law attorney to determine your eligibility.
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Personal Injury Lawyer
You will need to consult a lawyer familiar with family law in Texas. The short answer is that there is not a written formula. In fact, spousal maintenance in Texas is very hard to obtain. I haven't researched it in quite some time, but I recall that it is reserved for cases in which the departing spouse simply has no means to provide for his or herself. Merely because a spouse has not worked (and is stay at home parent) is not relevant to the analysis. The question is whether you are capable of earning a living. Lastly, there is an outside time limit that puts a cap on the length of time such an award can be collected. Short answer: consult with a competent family law lawyer soon.