Moving out of the "marital" bedroom

[decorator74]

What is the name of your state (only U.S. law)? Texas

My husband and I have been having a tough time for numerous years and have been married 6 years. We are looking at the possibility of separating and potentially divorcing but have 2 kids. I was wondering if there were legal ramifications if I were to move out of the bedroom and a spare bedroom in our house? I would like the space but I don't want this move to come back and have some kind of impact on the custody of our children (ages 3 and 2) in the future. We are going through counseling. I would be grateful for your advice.

Thank you,

DecoratorWhat is the name of your state (only U.S. law)?

[mistoffolees]

Originally Posted by decorator74

What is the name of your state (only U.S. law)? Texas

My husband and I have been having a tough time for numerous years and have been married 6 years. We are looking at the possibility of separating and potentially divorcing but have 2 kids. I was wondering if there were legal ramifications if I were to move out of the bedroom and a spare bedroom in our house? I would like the space but I don't want this move to come back and have some kind of impact on the custody of our children (ages 3 and 2) in the future. We are going through counseling. I would be grateful for your advice.

Thank you,

DecoratorWhat is the name of your state (only U.S. law)?

No, moving into a different bedroom in the same house will have absolutely no impact on future custody decisions.

Moving into another house probably would, though.

[Bali Hai]

Originally Posted by mistoffolees

No, moving into a different bedroom in the same house will have absolutely no impact on future custody decisions.

Moving into another house probably would, though.

According to LD we just simply don't know enough facts to make this assumption.

[Golfball]

However, depending on what state law requires, separate bedrooms may not be enough to meet any requirement to live separate and apart in order to be granted a no-fault divorce. (Some states have no separation requirement, some states allow separate bedrooms, some states require different addresses. I don't know off the top of my head where TX fits into that, though.)

[mistoffolees]

Originally Posted by Golfball

However, depending on what state law requires, separate bedrooms may not be enough to meet any requirement to live separate and apart in order to be granted a no-fault divorce. (Some states have no separation requirement, some states allow separate bedrooms, some states require different addresses. I don't know off the top of my head where TX fits into that, though.)

There are several grounds for divorce in TX and only one of them requires living separate and apart. No fault divorce in TX does not require living separate and apart:
[url=http://www.divorcesupport.com/divorce/Texas-Grounds-for-Divorce-750.html]Divorce Support - Texas Grounds for Divorce[/url]

"No-Fault Based Grounds:

The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

Fault Based Grounds:

1. Mental Cruelty. 2. Adultery. 3. Imprisonment or Conviction of a felony. 4. Abandonment. 5. Living Separate and Apart. 6. Insanity and confinement to a state mental hospital."

They can file for divorce under no fault grounds or under the first fault grounds without living separate and apart.

Generally, in cases where it does matter, it should be strongly discouraged. As long as the two are living in the same house, the stbx can tell the judge that they really weren't living separate and even allege that they continued to act as a married couple. That would create enough problems with the divorce that the cost could easily exceed the cost of a rental.