The Difference
Family Law & Divorce
Frequently Asked Questions
-
When is a party entitled to receive spousal support?In Texas, courts are generally reluctant to award spousal support. A party will only receive court-ordered spousal support if the marriage has lasted ten years or longer and the spouse made diligent efforts to either earn sufficient income or to develop necessary skills while the divorce is pending to meet his or her minimum reasonable needs; or the other spouse has committed family violence; or the requesting spouse has an incapacitating disability that arose during marriage; or a child of the marriage (of any age) has a physical or mental disability that prevents the spouse who cares for and supervises the child from earning sufficient income.
-
How much spousal support will the court order?While the amount and duration of spousal support will always depend on the facts of your case, there are certain limitations the court has when ordering spousal support. First, it cannot be over 20 percent of a paying party’s gross income, or $5,000.00 each month, whichever is lower. Next, the duration of support will depend on the length of the marriage. For marriages of 10-20 years, spousal support can be up to five years. Marriages between 20-30 years could have seven years of support, while marriages over 30 years could have spousal support ordered for up to ten years.
-
What factors does the court look at in determining the division of assets?Not necessarily. The property will be divided in a way that is fair and equitable, which does not necessarily mean a 50/50 split. All the factors mentioned above are considered to determine how the property will be divided. Usually, courts will divide property in a way that is close to the 50/50 mark, but often one spouse will receive slightly more. Splits of 45-55 are very common, while it would be highly unusual for a court to divide an estate in a more lopsided way, such as 30-70.
The Dieye Firm Difference
We take the time to listen to you to fully understand your particular Divorce or Family Law case. Then, we work together to craft and execute on a unique solution tailored to meet your desired outcome.
Our Practice Areas
Personalized Solutions for Each Case
Why Hire The Dieye Firm?
Dedicated to Providing Exceptional Legal Guidance
-
Respected Reputation
-
Experienced & Devoted Team
-
Compassionate, Results-Driven Representation
-
Payment Plans Offered