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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33394
Experience:  Began practicing Family Law in 1992
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I'm wondering how to deal with a wife who wants a divorce

Customer Question

I'm wondering how to deal with a wife who wants a divorce but has no income. She's also mentally ill, though she doesn't think so.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas I need to keep the house and kids, but she wants the house.
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: She doesn't want to get a job. She wants me to wait until she makes her business profitable, which won't happen.
Submitted: 8 months ago.
Category: Family Law
Expert:  JD 1992 replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 8 months ago.

Is there a specific question with which I could assist?

Customer: replied 8 months ago.
Can I legally divorce her while we're still living in the same house and make her leave me and the kids with the house? I've heard that you can't divorce in Texas while still living together.
Expert:  JD 1992 replied 8 months ago.

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.

Customer: replied 8 months ago.
How many questions does the $31 give me? Would we be better off for now just to telling people that we're divorced and avoiding the added expense of Cobra insurance and legal fees?
Expert:  JD 1992 replied 8 months ago.

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.

Customer: replied 8 months ago.
I guess you didn't answer my question about making her leave.
Expert:  JD 1992 replied 8 months ago.

I didn't understand that to be a separate question. Are you asking if it is possible to make her leave?

Expert:  JD 1992 replied 8 months ago.

...while the divorce is pending?

Customer: replied 8 months ago.
That was part of the original question, yes, to make her leave either before or after the divorce.
Expert:  JD 1992 replied 8 months ago.

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.