Legal Question in Family Law in Texas
What is the best way to file for a divorce in the state of Texas when your spouse has threatened your life if you file for divorce?
2 Answers from Attorneys
1. Establish a residence separate from the spouse.
2. Along with the divorce petition, seek a protective order.
It is extremely important that you protect yourself - divorce is difficult enough without worrying about whether or not your spouse is going to try to hurt you.
At the same time you file your Petition for Divorce, you can also file a request for a restraining order or a protective order. You can also request a "kick-out order," which is an order by the court that advises your spouse that you and you alone are entitled to possession of the marital home and that he needs to make arrangements with the Sheriff's office to have them accompany him to the home to get some of his belongings.
Protect yourself - you are entitled to use marital assets (joint bank account funds, credit cards, etc) to secure the assistance of an attorney in your divorce. If you are not able to afford an attorney, contact your county to get you to their domestic violence assistance folks and they can help you with the paperwork you will need.