QUESTION
I live in Texas, and my wife attempted to serve me divorce papers Friday, two days ago. She demands that I vacate our home immediately.
Asked on Feb 17th, 2019 on Divorce - Texas
More details to this question:
Should I stay? We have small children, and my wife has a history of physical violence. No police action, but I have document a lot of her physical attacks. It is the weekend and I cannot consult an attorney, so I do not know my options and am under pressure to know my rights immediately. We live in Texas. I am a good and loved father, and absolutely do not want to leave at this time. She told me today (Sunday) that a hearing is scheduled already for Thursday. Can I remain in our home until I have had time to make arrangements to live elsewhere? Can I be arrested? Do I have to leave at all, as she has a violent temper and I do not want my kids here alone with her.
1 ANSWER
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You do not have to move out of the house. If there is a hearing set for Thursday and you are served on Monday, then you should appear at the hearing and request a continuance in order to find an attorney. If your wife has requested exclusive use of the house, that issue will be decided at a hearing for temporary orders. I would encourage you to consult an attorney and file a counter petition in which you also request exclusive use of the residence and custody of the children if that is your desire. If you do not feel safe in the house, then stay elsewhere temporarily. If you feel your children are not safe then take them out of the house temporarily as well.
When you are served, please review the Temporary Restraining Order carefully. It will not order you to leave the house because that cannot be done without a hearing unless your wife was able to convince the court that you commmited family violence. You are allowed to communicate with your wife but not in a harrassing manner. You are allowed to have your children in your possession. There are many things that are standard and stated in the restraining order that you will not be able to do. Be aware of them and follow the rules.
If at the hearing the court decides that your wife should have the exclusive temporary use of the house, you will be given time to find a place to live and move out.
Answered on Feb 18th, 2019 at 9:02 AM