Alimony, etc.?


Dear BillysMom:

Greetings. When you say you agree and reported it to the attorneys - do you have signed, court ordered documents detailing that agreement?

You are probably not able to move everything to Texas due to personal jurisdiction and subject matter jurisdiction - both of which are clear in Texas. You may be able to file for alimony here, if not already included in your Texas complaint, but you need to move quickly on this prior to the date of the divorce.

Here is my advice, for what it is worth, on your Texas situation. First, determine an every other day pattern to contact your attorney. Do so in writing (by fax and/or e-mail). Ask for specific things - like a phone call, drafts of documents, written status of the file. Make sure that your fees are paid (if that attorney is billing hourly you may not be getting a response if you owe them fees).

Finally, sometimes I am gone from my desk for days - mainly because of court time mandates - leaving frustrated and confused clients. I always try to have a back up person and make sure that my clients know my schedule. It is OK to ask your attorney about their schedule, timing, etc. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I left my husband last June when I found out about an affair he was having. I decided to divorce him when I found out, 2 weeks later, that she was pregnant. At that time my son and I moved back home to NC and left him in TX. She had the baby, convienently, on my son’s birthday and is now living with my husband. I filed for divorce in Texas back in March and here we are in late August and nothing is done. We have agreed to everything concerning division of property and child support, etc. and reported that to the attornys.

My question is this, would it benefit me to move everything to NC? Texas law indicates that I have to be married for 10 years to receive alimony regardless of the amount of jobs I had to resign from (because of his job) or the fact that 75% of our marriage I was a stay at home mom. I make $22K to his $83+K a year and we have now been married for 6 years. My son lives with me 100% and sees his father whenever his father can make time for him (2 times in the past 10 months for 5 days or less both of which was innitiated by me) Call it spite or anger or just plain payback (I pick all 3), but I want everything I can get from this guy. I can’t even afford an apartment in this town with what I make so I have been staying with my father for the past year. So like I mentioned before, would it benefit me to move the divorce to NC and take advantage of NC laws (concerning alimony, etc.) or should I just keep it where it is and get what I can.

Thanks for your time.