Legal Question in Family Law in Texas
Seperation/Divorce
My mother-in-law is in a 20+ year abusive relationship. She wants a divorce & wants the man out of the house. He is a drug addict & alcoholic. There is a history of verbal & mental abuse. She has kicked him out, but he comes back. He was recently taken to the hospital for an overdose of illegal prescription pills. He tried to hit her & me. The police were called out along w/ the ambulance & a report was made. He was back in the house w/in hours. The latest incident was that he was caught stealing money from her purse while she was sleeping. He hasn't worked in 4 years & has no plans to in the future. They own the home & both of their names are on the paperwork. How can she get him out of the house & away from her & her son?
2 Answers from Attorneys
Re: Seperation/Divorce
The saddest part of this story is that it doesn't appear that your mother in law is interested in getting out of this relationship. There are legal and criminal remedies available to her and she is not using them. No lawyer is necessary, just her decision and determination. Good Luck.
Re: Seperation/Divorce
She has 2 options:
She needs to file for divorce and ask for temporary orders. It will take approximately a month in Harris County to get in front of a Judge. The Judge can order him to leave the house.
She needs an attorney so that everything is done properly.
DON'T WASTE YOUR MONEY WITH AN ON-LINE KIT -- ESPECIALLY IF IT WAS NOT PREPARED WITHIN THE STATE OF TEXAS!
Option # 2 - She might be able to get a protective order. If so, he'd have to leave the house. She can call the District Attorney's domestic violance office. If her case is accepted, it's free! However, she will need to wait to file divorce until the protective order is signed by the Judge. Then you attach a cert. copy of the protective order to the divorce petition.
Good luck!
Be sure she is extra careful. This is the most dangerous time for her!
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