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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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I filed divorce against my wife and she filed counter claim.

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I filed divorce against my wife and she filed counter claim. I have few questions:

1) In her counter claim, she has claimed disproportionate share of property. She claims that she is not working and that i am working and more educated than her. She is going to ask for unfair division of property. I dont have community real estate, vehicles or savings accounts. Will she be attacking my earnings? Like asking judge to pay her some percent out of my paycheck?

2) The marriage lasted only 7 months and then she left the house. Now she is asking for monthly maintenance to pay her, while she is living a great life with her parents, who are taking care of her living needs. Will the judge be more inclined towards her b/c she doesn't have a job? She is a lazy person and never even tried to obtain job.
Thank you for your questions:

1) In her counter claim, she has claimed disproportionate share of property. She claims that she is not working and that i am working and more educated than her. She is going to ask for unfair division of property. I dont have community real estate, vehicles or savings accounts. Will she be attacking my earnings? Like asking judge to pay her some percent out of my paycheck?

Property division in divorce divides marital or community property, which is encompassed of assets. Wages are treated separately, and are generally only considered in terms of an award of maintenance.

2) The marriage lasted only 7 months and then she left the house. Now she is asking for monthly maintenance to pay her, while she is living a great life with her parents, who are taking care of her living needs. Will the judge be more inclined towards her b/c she doesn't have a job? She is a lazy person and never even tried to obtain job.


In Texas, there is a law governing eligibility for maintenance, which is:

§ 8.051. Eligibility For Maintenance; Court Order

In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse's separate property, on dissolution of the marriage to provide for the spouse's minimum reasonable needs and:

(1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse's child and the offense occurred:

(A) within two years before the date on which a suit for dissolution of the marriage is filed; or

(B) while the suit is pending; or

(2) the spouse seeking maintenance:

(A) is unable to earn sufficient income to provide for the spouse's minimum reasonable needs because of an incapacitating physical or mental disability;

(B) has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs; or

(C) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse's minimum reasonable needs.


Unless she meets these requirements, it would not seem that she is eligible for maintenance.

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Customer: replied 4 years ago.

She doesn't meet any of this criteria. So that means i wont lose anything. Should i involve attorney or just go talk to the judge myself and explain that she is not qualified for anything. What do you suggest?

It is always advisable to hire an attorney to protect oneself in divorce. That would be particularly true if she is represented by an attorney.
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