Post, TX Divorce Law Firms & Lawyers | Page 2 Results

We cannot answer this question without knowing all of the facts and the financial circumstances. Permanent alimony may not be awarded to you, but perhaps rehabilitative alimony can. We do not call it full custody in FL, it is called shared parental responsibility.

To begin, Texas is a community property state, which means that, absent special circumstances--including but not limited to such things as (a) the disability of one spouse (b) a significant difference in the income and/or earning ability of the spouses, the relative ages of the spouses--the court is supposed to divide the net community estate (total community assets minus all community debts) essentially equally.  Your disability is an important factor weighing in favor of you receiving a greater than 50% share of the net community property, but the fact that your husband is older and and soon retiring weighs in the other direcrtion. Ther's certinaly a possibility that you could end up with the home, as long as you are able to keep up on the mortgage payments, but the court may require you to pay your husband all or part of his 50%  share of the accumulated equity in it, assuming it has positive equity.  If you are awarded the home, you will almost certainly also be required to refinance all loans secured by the home (i.e., mortgages , Home equity lines of credit.)  or otherwise remove your husband from all loans secured by the home.   You may also be entitled to spousal support (alimony), depending upon whether your husband has disposable income left after meeting his own reasonable living expenses (usually measured on a monthly basis).  If not, a court could decide instead to award you more of net community estate than is awarded your husband, which could be accomplished by reducing any amount you would otherwise owe your husband as his share of the equity in the home. Generally speaking, each spouse in a community property state is a 50% owner of the funds that have accumulated during the marriage in one spouse's 401(k) , IRA, or other similar retirement accounts.   You've got enough property issues that it would be to your benefit to consult an attorney so that he/she could obtain more specific information from you in order to give you a better idea of what type of divorce decision you might expect from the court.    

You can obtain a divorce from your spouse in Texas because you have lived in Texas more than six months. It is not a problem that your spouse lives in another county.  To start the proceess, you need to file an original petition for divorce and then it must be determined how to give him notice of the divorce. You must exercise "due diligence" in locating a potential address for him. If you cannot find an address, then you can to serve him by "citation by publication" which means that you are putting a notice in a local newspaper where he lives to notify him of the divorce. Please contact me if you have additional questions.