Legal Question in Family Law in Texas
Husband is forcing me to move out this weekend and I need advice,
After 18 years we can't work it out. I had a prescription pain drug bout, he has two feloneys for family violance, The loan for the house (our main asset) is in name, but I signed on 1/2 the closing papers. He paid off his truck, I have a 500 car pymnt, and on top of me working full time for 18 years, we had to pay child support for a child I didn't know about when we got marriied. 18 years and back Welfare....I need help to establish legal seperation, he has asked me to move out of ''his'' house, which I am the weekend of 05/31/08. Our only child is 15 and he wants to stay with his dad. Which I am OK with, he is the one thing we never fight over.
2 Answers from Attorneys
Re: Husband is forcing me to move out this weekend and I need advice,
First, you don't have to move, unless a judge tells you to move. Which isn't going to happen until after the divorce is filed, and a hearing has been held. You may want to hire a lawyer immediately to file for divorce, because with the standing orders, everything has to remain 'as is' until the Temporary Orders hearing. You may also be able to mediate a settlement.
Re: Husband is forcing me to move out this weekend and I need advice,
One - In Texas there is no such things as a "legal separation" - if you want to formally establish who gets what and who does what, you need to get a divorce on file and get Temporary Orders entered.
Two - Texas is a community property state. In most circumstances, everything purchased during the marriage with community funds belongs to both of you.
You really need to go talk to a good family law attorney.
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