Legal Question in Family Law in Texas

I am in Texas. I have been married 9 years, We have two kids together. I want to take the kids and move 500 miles away, still in Texas. I don't have the money for a divorce. We have two cars but both are only in his name. I would like to know if it is legal to just pack up the kids and move, I would never deny him visitation. Also is it legal for me to take one of the cars even though it is in his name?


Asked on 9/15/11, 3:54 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

If the cars were purchased during the marriage with community income, then they are community property and you can take one.

If he consents to your moving 500 miles away, it's no problem. And once you've been there 6 months, it would be hard for him to force you to return. If he doesn't consent, then you're going to have a legal problem on your hands.

You have enough money for divorce, so you should just go get one. You can get the forms at the county law library. If you are flat broke, you can fill out an "Affidavit of Inability to Pay Court Costs" and they won't even charge you to file your case.

Get him to sign a waiver of service (free form at the court house). And then you both write up a final decree of divorce, sign it, and prove it up at the court house.

You will be much, much better off with a real divorce, than this informal idea you have.

Check out this link:

http://www.texaslawhelp.org/documents/clusters/TX/525/English/texaswith.shtml

Good luck!!

Read more
Answered on 9/15/11, 10:59 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas