You would need proof of his adultery to file for a divorce on those grounds. Also, for it to be considered abandonment, if you leave you would have to be gone for at least 1 year under Texas law. The problem is that if you leave he can file for separation and seek temporary possession of the family home. At this point you may want to consider filing for the divorce yourself and as part of the filing you would file for possession of the home as well as for temporary spousal support
which would then give you much more control over the matter. Also, as Texas is a community property
state, you should consider taking out at least 1/2 of the money from any joint accounts so you can afford to pay for legal assistance and also to support yourself until you can get court orders in place for support.
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