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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I live in Dallas, TX. My legal wife just announced that she

Resolved Question:

I live in Dallas, TX. My legal wife just announced that she is moving to another state since she met someone else. We have a 8 year old son. If she leaves while we are still legally married, does she have any rights. She does not want to take our son with her.
She says she will file for divorce later on. Should I get an atty now and file myself or should I wait for her to do it.
Submitted: 6 years ago.
Category: Family Law
Expert:  Samuel II replied 6 years ago.



if she leaves the family home and the family with the intent of never returning, it is the basis for abandonment. if the car was purchased during the marriage, she has just as much right to it as you do.


while the home in trust is separate property, if it was acquired via an inheritance during the marriage or was in trust to you prior to the marriage you will need to show that which you should be able to do easily enough.


you may want to consult with a local family law attorney because you want to make sure that she is not able to wipe out any joint accounts you might have, etc.

and you will want to consider getting temporary custody of your son so that she does not come back and decide she wants him to be with her.



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