Seperation ... What are my rights before the divorce is filed?

[amberleigh51075]

What is the name of your state? TX

Ok, so I am thinking of leaving my husband of 3 years because of verbal abuse and he is an alcoholic (although he says he is trying to quit, as he takes a swig of his beer!). I want to seperate and possibly get a divorce, but I don't want to give up the house or my 1 year old daughter. Do I have a right to kick him out of the house (even though my name is not on the actual mortgage, but I am on the Deed?). If so, how do I get him to leave? What about my daughter ... how do we figuere out who gets her and visitation before it is actually laid out in a divorce decree? I just don't want him to find out I'm leaving him, kick me out, and keep my daughter without me having any say in it. If I do move out and get my own place and take my daughter with me, I fear that he will come by to pick her up for visitation and not give her back. Please help. Thanks.

 

[LdiJ]

What is the name of your state? TX

Ok, so I am thinking of leaving my husband of 3 years because of verbal abuse and he is an alcoholic (although he says he is trying to quit, as he takes a swig of his beer!). I want to seperate and possibly get a divorce, but I don't want to give up the house or my 1 year old daughter. Do I have a right to kick him out of the house (even though my name is not on the actual mortgage, but I am on the Deed?). If so, how do I get him to leave? What about my daughter ... how do we figuere out who gets her and visitation before it is actually laid out in a divorce decree? I just don't want him to find out I'm leaving him, kick me out, and keep my daughter without me having any say in it. If I do move out and get my own place and take my daughter with me, I fear that he will come by to pick her up for visitation and not give her back. Please help. Thanks.

He can't kick you out, and you can't kick him out. Both of you have the right to be there until a judge says otherwise.

If you can't qualify to refiance the mortgage into your name (for enough to cover the mortgage and his share of the equity) and afford to pay the mortgage yourself. Then there is no point in you staying.

Yes, if you move out he could take your daughter for visitation and refuse to return her. Therefore, you would need to move quickly on asking the judge to order temporary custody to you.

Get a good attorney so that things are done properly.

 

[amberleigh51075]

Do you know how long it takes to file for temporary custody?

 

[LdiJ]

Do you know how long it takes to file for temporary custody?

That depends completely on your area and how backed up your courts are. However, I can tell you that it will be much faster if you use an attorney.

 

[ceara19]

What is the name of your state? TX

Ok, so I am thinking of leaving my husband of 3 years because of verbal abuse and he is an alcoholic (although he says he is trying to quit, as he takes a swig of his beer!). I want to seperate and possibly get a divorce, but I don't want to give up the house or my 1 year old daughter. Do I have a right to kick him out of the house (even though my name is not on the actual mortgage, but I am on the Deed?). If so, how do I get him to leave? What about my daughter ... how do we figuere out who gets her and visitation before it is actually laid out in a divorce decree? I just don't want him to find out I'm leaving him, kick me out, and keep my daughter without me having any say in it. If I do move out and get my own place and take my daughter with me, I fear that he will come by to pick her up for visitation and not give her back. Please help. Thanks.

If you are seriously wanting a divorce, The best, and cheapest, way to go will be to go ahead and file for one. Texas doesn't have legal seperation. A hearing for temporary orders will be set first (usually after 14 days but before 30 days).

The judge will decide who lives in the house, who pays which bills, child custody, visitation and child support at that hearing.

You can file for the divorce yourself, but it is very, very unlikely in Texas that a judge will proceed to the final divorce without a lawyer present when children are involved.