Legal Question in Family Law in Texas

Filing for divorce

I just have found that my wife has been cheating on me so I have decided to file for divorce. We are still living in the same house. we have 2 children 13 and 20. Does anyone has to leave the house the moment I file for divorce? what are our legal rights? How can I legally tell her to leave the house or what legal means do I have to ask her to leave the house. If I am the one to leave what negative impact would that be on the divorce process?

Thank you


Asked on 2/21/07, 11:55 am

1 Answer from Attorneys
Lewis Palomino Law Office of Lewis Palomino

Re: Filing for divorce

There is no requirement that anyone leave the family home. In addition, you can't make her leave. Most parties involved in divorce litigation find it best to separate during the pendency proceedings. There are no substantial negative consequences from separating. Any temporary orders during the law suit may allow the party living in the home to remain there until a final disposition is rendered. If you leave the home, keep paying the bills as this will show good will. Good luck.

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Answered on 2/21/07, 12:07 pm


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