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schollomon
schollomon, Lawyer
Category: Family Law
Satisfied Customers: 55
Experience:  I am a practicing attorney in Houston, Texas. I specialize in family,employment, personal injury and workers' compensation law.
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if i rent room at another home and still pay rent at current

Customer Question

if i rent room at another home and still pay rent at current home that wife who does not work and our 4 kids and myself live.
then file for divorse does this affect the way court will rule?
she had affair and continues to see that person but wont divorse because she not want to have to move because my income wont allow for us to have 2 places same as current.
Submitted: 3 years ago.
Category: Family Law
Expert:  schollomon replied 3 years ago.

schollomon :

Hello and welcome to Just Answer. I am sorry that you are experiencing these circumstances; however, I will attempt to answer your question today.

schollomon :

Because you are still paying for the home that your wife and children live in, even if you were to rent another place for you to stay, the court would not view that as abandonment of the marriage. However, because you mentioned that you cannot afford to pay for both places, my suggestion to you would be for you to file for divorce if you have not already done so and ask the Court to make temporary rulings regarding who stays in the home and who has to continue to pay the mortgage during the pendency of the divorce.

Customer :

since my wife does not work and stays at home and takes care of kids. I will have to continue to pay rent at current house. Then when divorse is final she will get child support and allomony and then my responsibilty the the current rental would be up to her if she could afford....correct?

Customer :

so does paying rent at another place affect how court would say what i have to pay?

schollomon :

Yes, you are correct after the divorce is final, it would be your wife's responsibility to pay for her housing needs and you should no longer have to pay the rent/mortgage at the current home unless the Court enters an Order that requires you to do so. (That is no likely.) The only foreseeable effect that I could see your paying rent at another place for you to stay during the pendency of the divorce, is that it could be a reflection on your ability to pay future obligations such as child support and spousal support or alimony. If you think it will be a hardship for you to pay rent at another place and rent for the current home while the divorce is pending, you will need to bring this issue up to the court at the time of filing for divorce. It is possible for the court to make temporary orders regarding child and spousal support. You could request that temporary orders be put in place for child and spousal support but that you not be obligated to pay for the current home as you were required to relocate and now have to pay rent at a new place. Now, its still likely that the Court would require you to continue paying for the current home while the divorce is pending because your wife does not work, but my advice is that you make the court aware that you are having to pay rent at a new place so you can try to prevent being overextended financially.