Legal Question in Family Law in Texas
what are my legal ground if I asked my spouse to leave he is not on my lease how do I legally get him out. Not looking to divorce but if thats my only way get him out I will. Also would I have go to court for joint custody of my kids or would I get full custody.
Chanty
1 Answer from Attorneys
You cannot force a spouse to leave the marital residence, without a court order. You can file for divorce, ask for a temporary hearing, and request that he be forced to leave. Issues regarding child conservatorship and support would be addressed at the temporary (then eventually the final) hearing.
If you do not want to file for divorce the issues regarding the children can be addressed through a SAPCR. A SAPCR will not affect issues regarding occupying the marital residence.
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