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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10290
Experience:  Experienced Family Law Attorney
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Up until 2 years ago, we had lived in the same house hold

Customer Question

Up until 2 years ago, we had lived in the same house hold but separate life in the state of TX. She gets the entire bottom floor, I lived a small room upstairs. I never proceeded with the divorce because I feel bad that she needed medical insurance. I paid all bills including payoff the home that she is now living in and her car insurance. She goes to work as a masseuse earning cash.
After about 15 years living like that I found my soul mate, ironically my soul mate is her cousin. Because the lady I am in love with is her cousin, I was accused of adultery all of the sudden?!! She hired a private investigator to record us. Jealousy on her part I'm guessing. We had nothing to hide so we showed our love toward each other in public from the very beginning.
My question is I want a divorce now, I am 65 years old and want to retire. We have 0 children.
1. Should I wait until AFTER the divorce finalized to retire? or should I divorce prior to retirement?
2. Do I have to pay spousal support if she pretends to be sick?
3. Can I loose my portion of the house if I am accused of adultery?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

A few minutes please as I look into this for you.

Customer: replied 1 year ago.
Sure, thank you.
Expert:  LegalGems replied 1 year ago.

I'm sorry; I have this opened on another page and for some reason I can't get my answer to post so I need to retype it.

Expert:  LegalGems replied 1 year ago.

Goodness; I apologize; I will post this piecemeal hoping that will allow it to go through. SO basically under code 6.003 the court may allow a divorce based on adultery- http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm

Expert:  LegalGems replied 1 year ago.

The good news is that normally the court will only consider adultery if that is the actual cause of the divorce, as most courts have liberalized their approach and will only consider adultery if that is the cause of the divorce; so if the marriage was already irretrievably broken, most judges will not take that into consideration.

Expert:  LegalGems replied 1 year ago.

So for example, separate property (pre marital property) is always awarded to the owning spouse, while the court has discretion in dividing marital property. Normally it is a 50/50 division, but with adultery that can be different; it depends on the presiding judge; so one's attorney would prepare a legal brief citing cases where there is a 50/50 division when the facts are similar to the clients.

Expert:  LegalGems replied 1 year ago.

As for retirement, generally the court will not penalize a party that is of retirement age. Now if a court finds the party took early retirement, they can "impute income" -basically charge that party as if they were earning they money they did prior to the early retirement.

Expert:  LegalGems replied 1 year ago.

Sorry- It appears most of my work has not gone through- I will post again; meanwhile I have let the moderators know.

Expert:  LegalGems replied 1 year ago.

So according to code 6.003:

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm

the court may take adultery into consideration, as a grounds for divorce; but most courts have taken a liberal approach over recent years, and will not take adultery into account for property division unless the adultery caused the divorce. If they find that there was marital discord before, then generally the adultery is disregarded. This varies by judge as the statute does give the judge discretion, so one's attorney would try and get the case before a judge that rules favorably and will typically submit a legal brief highlighting cases where the judge did not take adultery into account for property division.

Expert:  LegalGems replied 1 year ago.

For spousal support, the court is limited to awarding a maximum of 20% of the supporting party's income as support, but will generally only do so if the other spouse does not have the means for self support (ie if after the property division they are still unable to support themselves, and are unable to work. One can of course request vocational evaluations, medical evaluations etc to prove they are capable of self supporting). Alimony is not a factor in this.

Expert:  LegalGems replied 1 year ago.

For retirement, the courts will not penalize a person of retirement age; if however the person chooses to take early retirement the court may choose to "impute income" - basically treat that party as if they were earning their pre-retirement income, if they do in fact feel support is appropriate.

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Expert:  LegalGems replied 1 year ago.

So here are the codes re: maintenance:

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.8.htm