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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33713
Experience:  Attorney with 15 years experience
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My and my spouse are separated. Wanting to file. She moved

Customer Question

My and my spouse are separated. Wanting to file for divorce. She moved out. We have a child. We have separated bank accounts. We agree on everything so far. We do have a few credit cards that we have been paying 50-50. I am buying a piece of property and building a new residence. Is it possible for me to stay in the home that we shared until I finish building. We have agreed to sell the house and split the profit 50%. We want joint custody with no child support are these things all possible?
Submitted: 11 months ago.
Category: Family Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Is it possible for me to stay in the home that we shared until I finish building

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Yes, there is nothing that would prevent you under TX law from living under the same roof during the divorce. The courts realize that due to financial considerations, it may not be possible for one spouse to actually move out of the marital residence during the divorce.

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We want joint custody with no child support are these things all possible?

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This would depend on your respective incomes. If you are reasonably close in income, then the judge can enter an order that there would be no child support paid. But if you make $100K and spouse makes 10K, then spouse wouldn't be able to provide for the children when they had them, so the judge wouldn't agree to no support as it is intended to support the child, not the parent, and pay for the children's care and maintenance so they have equivalent standards in either parent's home.

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As for joint custody, that is the general default ruling absent any negative factors in a parent's background.

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thanks

Barrsiter

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