Divorce/Seperation

[april-may]

I live in Texas. My husband and I are recently separated. He is an alcoholic that is both physically and mentally abusive. I have asked him to move and he did, but not without a fight. He is now next door at our neighbor’s house. I am slightly scared that he will get drunk and come over to the house. I want to change the locks, but am not sure if I am able to do that without repercussions from the police since we are not divorce or nothing has been started. I am also not sure if Texas has Legal Separation that I can file. I was told by friends that it does not. I do not make a lot of money and need assistance with a divorce to make this final. There are two children involved. Any advice you can give will be great.

[ceara19]

Originally Posted by april-may

I live in Texas. My husband and I are recently separated. He is an alcoholic that is both physically and mentally abusive. I have asked him to move and he did, but not without a fight. He is now next door at our neighbor’s house. I am slightly scared that he will get drunk and come over to the house. I want to change the locks, but am not sure if I am able to do that without repercussions from the police since we are not divorce or nothing has been started. I am also not sure if Texas has Legal Separation that I can file. I was told by friends that it does not. I do not make a lot of money and need assistance with a divorce to make this final. There are two children involved. Any advice you can give will be great.

No there is no legal seperation in Texas. You can't "get in trouble" for changing the locks, but he can break down the door or break a window to get in and there's not much you can do about it.

Call legal aid in your area and request an application for low cost or free legal services.

Have a keyless deadbolt installed so that you can limit he access while you are home without completely denying access while you are gone. If you are home and he tries to break down the door while he is drunk, you can call the police. If he IS indeed drunk, he can be arrested and charged with public intoxication. I know, he's not TECHNICALLY in public when he is on his own property, but that does not exclude the police from throwing him in the drunk tank overnight. Granted, he will probably be pretty mad in the morning, but he'll be sober.

If you can prove the physical abuse, you need to file for divorce, get a court date for temporary orders, ask for custody, child support, spousal support and a temporary PROTECTIVE order (not restraining order). A TPO will prevent him from being within 500 ft., so it may proclude him from living next door.