Legal Question in Family Law in Texas

Divorce and Child Custody

My wife has recently told me that she does not love me anymore and has asked me for a divorce. I am wondering what my rights are in this situation. I support the family, while she stays at home and does nothing. We have 2 sons. I have been, what I thought was, the perfect husband and father. I have never cheated on my wife, however, I suspect that she has been cheating on me. Since asking me for a divorce, she wants me to move out of our house, and she wants to retain custody of our 2 children.

My questions are these:

1. Can she force me to move out? Shouldn't she be the one to move out of the house?

2. Am I obligated to provide housing for her?

3. What is she entitled to if we get a divorce?

4. Do the answers to any of my previous questions change if I can prove that she was and still is having an affair?

Thank you.


Asked on 8/21/03, 10:49 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Divorce and Child Custody

My answer is going to be a "global" one since I don't know the exact details of your case.

1. Only a Judge can require you to move out.

She can ask for Temporary Orders and the Judge will have one of you move out.

2. Again, Temporary Orders would determine how things are going to be handled while your divorce is waiting to be finalized.

If you are voluntarily supporting your wife and children, never had them cash. Document everything to prove what you have done -- amnesia is a terrible thing in the family law courts!

3. Division of property - that is determined either by the parties or if the case goes to trial by the Judge.

4. Maybe. If she is taking the kids around the boyfriend, that is a different matter.

You really need to sit down with a lawyer and discus your case in detail.

For a one hour consultation with one of the attorneys in the office, we charge $200.

Good luck!

Fran Brochstein

www.familylaw4u.com

713-847-6000

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Answered on 8/22/03, 12:29 pm


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