Can my husband be ordered out of the home during the divorce process?
3 attorney answers
A judge can decide which party stays in the house while the divorce is pending. You need to consult with an attorney and put together a strategy that keeps you safe during this process. This procedure is not do it yourself friendly.
Please be advised the posting of this answer does not create an attorney-client relationship. Karen L. Marvel and Marvel & Wong, PLLC, as a condition of their employment, require a signed written employment agreement prior to formally establishing an attorney-client relationship with any person.
Your situation is very common in a divorce situation. Judges know that domestic violence escalates during a divorce so they are very willing to order one parent out of the home while the case is pending. But you need a hearing to have a judge hear testimony and issue an order.
If you don't have a lawyer, please hire one. This is not that easy to do. You have to file a pleading, prepare an order for the judge to sign, schedule a hearing, notify your spouse to attend the hearing and be prepared to proceed in front of the judge for a temporary order hearing.
Audio tapes are very difficult to get into evidence since with technology they can be manipulated plus it's over 2 years old.
At the temporary order hearing other issues need to be addressed such as who is going to pay what bills while the divorce is pending, child support, child visitation, parental rights and duties, not taking anyone off of health insurance or life insurance, etc.
As you can see, a divorce with kids is just not that easy to do.
Look on this website and the State Bar of Texas website for an attorney in your county.
Fran Brochstein has been a licensed Texas attorney for 30 years but she now only mediates. She no longer goes to court. She moved from Houston to TX Hill Country and mediates cases all over TX via Zoom due to Covid. She hopes to return in person mediations when Covid is over. She has reduced her mediation rates for 2021. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem.
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You can be awarded temporary use of the house Your attorney needs to request a temporary hearing date when they file the divorce