Beaumont, TX Divorce Law Firms & Lawyers

You will need to file for divorce in the county where you reside or the county where he resides.  In the divorce suit you will request that husband pay you spousal maintenance.  Has he supported you financially during the separation?  If so, then you may want to ask for that to continue after the divorce for a limited period of time. If he has not supported you, then you may have a difficult time proving that you need money from him in order to survive.  Spousal maintenance is meant to assist a former spouse meeting his or her minimum reasonable needs (such as for shelter, food, transportation).  The court limits the duration of the payments to the shortest time possible to allow the spouse to get on his or her feet after the divorce.  If you are "on your feet already," then the court is not likely to award spousal maintenance.  The court will also require that you have used due diligence in attempting to earn enought to support yourself.  If you are going to receive property in the divorce that may be liquidated to use to support yourself, then your odds of getting court awarded spousal maintenance decrease. Parties may agree to contract for alimony in a divorce decree.  If your husband agrees to pay alimony then that should be set forth in the decree. In a twenty-five year marriage the longest term for post-divorce spousal maintenance is seven years after the divorce. The maximum amount is the lesser of $5,000 per month or 20% of the spouse's average monthly gross income.   There are exceptions to the general rules for family violence situations and for disabled spouses. 

The Family Code says that the income of a spouse is not to be considered in calculating child support therefore, the net income figure used to determine child support would be based only on the income of the paying party.

Without prejudice means that you can file again. If it had been "with prejudice" you can't file again. But, no one can really enforce "with prejudice" in divorce cases because the US Constitution provides that we all have freedom of association rights. To answer your question: You can file again but you cannot use the case number from the prior case. It will be a new case number. Good luck.