Legal Question in Family Law in Texas

Leaving the house before a divorce

I am married and have one child (3yrs.) My wife has asked for a divorce and asked me to leave the house. By me leaving, will this cause any legal problems down the road? Will there be consequences for me leaving the house?


Asked on 5/02/08, 12:10 pm

2 Answers from Attorneys

Arthur Bashor Arthur N. (Art) Bashor, Attorney at Law

Re: Leaving the house before a divorce

I suppose you are thinking that she will later accuse you of walking out of the marriage or abandoning the family, and will later use that against you in the divorce proceedings. And that could very well happen.

There is no legal reason that you need to leave your home, but you may choose to do so if the tensions are escalating.

Since you already know there is a divorce on the horizon and you will need a lawyer eventually, you should probably get an attorney now and discuss the situation specifically.

If you decide to move out make sure you have a written agreement with your wife to document the circumstances.

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Answered on 5/02/08, 12:43 pm
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Leaving the house before a divorce

There may be more consequences if you don't! It will definitely hurt you if she calls the cops and claims domestic violence.

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Answered on 5/02/08, 2:35 pm


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