Family Law Questions? Ask a Family Lawyer Online.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.
Is there a specific question with which I could assist?
No, you can divorce in Texas while still living together and sharing the house. There is no requirement in the Texas Family Code that you be separated or living apart.
The code requires that the marriage have become "insupportable because of discord or conflict of personalities such that the legitimate ends of the marriage relationship no longer exist and there is no hope of reconciliation".
Back when the housing crisis occurred in 2008-2009 many people were divorcing but still living in the same house because they couldn't afford to move out and couldn't sell the house.
You are allowed to ask the question and follow ups to that question. While the other question you asked isn't really a part of the same question, I'll just consider it a follow up so you don't have to go through the hassle of opening a new one.
You don't want to tell anyone you're divorced if you're not, and especially the insurance companies because that would be insurance fraud in Texas. You can tell them that you are divorcing, but definitely don't misrepresent the real status because that is a criminal offense.
I didn't understand that to be a separate question. Are you asking if it is possible to make her leave?
...while the divorce is pending?
It can go either way. You can ask the court under temporary order to force her to leave the house or you can share the house.
Usually if one party asks for the other to be made to leave the house, then the judge will do it although it makes it more likely if there is some type of abuse.