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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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I used completecase to prepare legal forms divorce. They

Customer Question

Hello, I used completecase to prepare legal forms for my divorce. They re-directed me here with a couple questions I have before filing.
1. How do I get a restraining order to get her to leave the house? It is my Fathers house we live in and I pay all the bills and have done so the whole marriage with no pitch in on her part (not what we agreed on before marriage and one of many reason why I am filing for divorce). We live in Texas by the way.
2. She might contest this. How does that affect how I file? In other words do I show her the papers completecase sent me and try to get her to agree before I file? Or do I file first and then give her the papers? I am trying to make this easy on both of us and give her an opportunity to just sign the papers and go our separate ways listing neither party at fault although I believe she is completely at fault here and can easily prove it. If she disputes this and makes it difficult, can I re-file for an annulment instead? I am pretty confident I can prove that she misrepresented herself prior to getting married and only married for me to take care of her completely financially and get medical insurance through me to support her addiction to prescription drugs.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

First, you would not be eligible for an annulment - unless she was fraudulent or under age, or has secrets that she has kept from you regarding any type of addiction.

So let's focus on the divorce.

Do you feel she is going to contest the divorce?

In other words, you want to file a No Fault divorce?

Expert:  Samuel II replied 1 year ago.

If you are filing the divorce and she agrees, then she will sign the documents and you file them. If she is not in agreement, then you file, she is served and she has 30 days to respond. In the meantime, when you file you can request a Motion to have the court grant you temporary use and possession of the home until the matter is resolved.

If she is agreeing to the no fault, then you should discuss with her a marital separation agreement, where it is determined who lives where, and how any marital assets will be distributed.

Expert:  Samuel II replied 1 year ago.

I suggest, you might want to consult with a local family law mediator to help if you run into problems as to how the Marital Separation Agreement should be worded and drafted.

Customer: replied 1 year ago.
There's a chance she might. I told her I wanted a divorce a month and a half ago and because she had a custody battle going on at the time so she pleaded with me to wait to file until after the case was over and then she would give me a divorce without disputing it. I reluctantly agreed and yesterday was when everything was finalized. Guess I'm just paranoid she won't agree to it because she doesn't really keep her word on anything.
Expert:  Samuel II replied 1 year ago.

I understand. And as I said, you can file a Motion for the Temporary Use and Possession of the home if she disagrees to the divorce.

If she agrees, then I suggest you continue to keep it amicable with a marital separation agreement.