Legal Question in Family Law in Texas

Filing for Divorce when Spouse still lives in home.

How do I file for a divorce when the husband still lives in the home? I have asked him to leave, but he will not. He has no job and no income to stay elsewhere.

If I file for divorce and he has no income, should I file uncontested or contested? He does not want the divorce. I do due to spousal abuse in the marriage & the affect on my 2 children.


Asked on 10/18/08, 11:27 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Filing for Divorce when Spouse still lives in home.

Hire a lawyer, file for the divorce, get a temporary hearing set, where the judge will rule on who gets to stay in the house, and who has to move out. Normally the hearing is held within 2-3 weeks after filing.

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Answered on 10/20/08, 6:06 pm


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