Skip to main content

Should I tell my spouse to move out of the home during a divorce?


If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Should I tell my spouse to move out of the home during a divorce?

Family Law Attorneys Houston: Last week a prospective client walked into our office and asked for some advice regarding the divorce process. She had made up her mind that it was time to file for divorce against her husband but was unsure how to go about it.

Her main concern had to do with whether it was a good idea or not to have her husband (and the father of her kids) continue to live in the marital home or to ask him to leave in the divorce papers. While there is no "one size fits all" piece of advice that can apply equally to all inquiring spouses there are some factors that are worth consideration across the board.

KEEP YOUR CHILDREN IN MIND DURING THE DIVORCE

As touched on in our introductory paragraph, whether there are children involved is perhaps the most important consideration. If your position is that your children need to continue to live in the home- and with you as a result- then it may be in your best interest to request that you be given exclusive use of the home.

This is important strategically because what occurs at the beginning and middle of a divorce, such as you remaining in the home and your spouse living elsewhere, is what tends to end up happening ultimately.

TEMPORARY ORDERS

Houston Family Law Lawyers: In the timeline of a case, a temporary orders hearing is the first opportunity for both parties to appear before the judge that can potentially decide their fate, post divorce. As it pertains to asking your spouse to move out of the home prior to this hearing, if your spouse actually does move out- and your kids remain with you- that is a huge hurdle for your spouse to overcome in the hearing.

Simply put- since your spouse has moved out it looks like they are willingly leaving the children behind and that is something that a judge will most likely not look highly upon. This alone can cause a judge to name you the "primary" joint managing conservator which allows you to choose the residence of the children in addition to having the aforementioned exclusive use of the home.

FINALIZING THE DIVORCE

Family Law Lawyer Houston: As a case moves towards its conclusion, the fact that you have remained in the house and your spouse hasn't can cause a judge to more strongly consider awarding the home to you in a trial setting. Should you and your spouse settle the case prior to a final trial then it will still give you a strategic advantage that many opposing parties will not risk going to trial.

The reason being that the presumption is so strong that the party that has vacated the home will not be awarded the home in trial, most people in this scenario will not want to wager additional time, energy and attorney's fees to find out if they can overcome those odds.

OTHER CONSIDERATIONS

Kingwood Divorce Attorney: Other factors are important to consider as well when weighing whether to ask your spouse to move out of the home. There are emotional ties that each person living in a house will have that go beyond the structure itself. Memories and nostalgia, even if recent times have been bad, will cause most people to fight hard to remain in the house even if you kindly ask them to leave.

The attorneys with the Law Office of Bryan Fagan handle divorce cases of all varieties. Contact our office today to learn more about how we can effectively advocate for your rights ... Continue Reading

Comments

  1. CONTACT PRIEST AZIBA FOR A POWERFUL SPELL TO HELP YOU GET YOUR EX LOVER BACK NO MATTER HOW LONG YOU BROKE UP OR WHOM HE/SHE MAY BE WITH NOW PRIEST AZIBA WILL HELP YOU GET THEM BACK CONTACT PRIEST VIA WHATSAPP: +2348100368288
    I am from United State,Michigan. I did not believe in Love spell magic for i thought and believed it was not real until the day that my Husband left me for his Mistress, I tried all my possible means to get him back but it all seems to be in vain, So till the next day and did not come back home i search on what i could do to get my man back on the internet i saw a testimony about DR AZIBA how he helped lot of people to get there Lovers back and how he recently casted a spell for one Man to get his wife back, although i didn't believe in love spell, i contacted him because i loved my Husband and i want him back, So DR AZIBA performed the love spell and told me to wait for just 12 hours which i did, So surprisingly, My Husband sent me an apologizing Text and he started begging me, from that day, we became together and up till now, We are in love with each other like never before.. If you need any help, You can as well contact DR AZIBA via his Emails > priestazibasolutioncenter@gmail.com .You can also call him or write to him via WhatsApp +2348100368288 to contact him directly .
    My Regards...

    ReplyDelete

Post a Comment

Popular posts from this blog

What does Insupportability or No-Fault in a Texas Divorce Mean?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in What does Insupportability or No-Fault in a Texas Divorce Mean? Houston Divorce Lawyer : Potential clients who come to see us who have been served with divorce paperwork often ask us “what is “insupportabilty?” Insupportability Under the Texas Family Code The Texas Family Code section 6.001 says, “On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” No-Fault Divorce Divorce Lawyer in Houston : One potential client told me, “that is clear as mud; what does insupportability really mean?” The most common way to obtain a Texas divorce is to file on the grounds of insupportability, which means “discord or conflict

Do I Need a Lawyer in Texas to Get a Divorce?

If you want to related guideline confidentiality Divorce Law experience, So you can better suggestions- Do I Need a Lawyer in Texas to Get a Divorce ? Houston Family Law Lawyers – Many people believe that a divorce in Texas should be easy and that it is just status change ending the marriage and that it does not directly impact other issues. However, that is not the case a divorce in Texas does involve other issues including property and debts, children, and the status change from married to divorce. You cannot get divorced without dealing with those other issues. DO I LEGALLY HAVE TO HIRE A LAWYER TO GET A DIVORCE IN TEXAS? No there is no legal requirement that you hire a lawyer for your divorce in Texas. Five reasons that a person should consider hiring a divorce lawyer include: 1. Expert advice 2. Reduce Stress 3. Avoid Mistakes 4. Binding Agreement 5. Avoid Delays IF MY SPOUSE HAS A DIVORCE LAWYER DO I NEED ONE? Yes, you probably need your own Texas divorce law

Does it Matter who Files First in a Texas Divorce?

If you want to related guideline confidentiality Texas Divorce Law experience, So you can better suggestions in Does it Matter who Files First in a Texas Divorce ? Houston Divorce Attorney – Many of my potential clients are concerned with filing first in their divorce case. Many of them have the impression that if they are not the first to file they will be at a disadvantage in their case. However that is generally not the case when both spouses are represented by divorce lawyers. As a Houston Divorce Lawyer, I will discuss what importance filing first has in a Texas Divorce Case. THE PETITIONER IN A DIVORCE CASE The first to file in a Texas Divorce is known as the Petitioner. Here are the ways in which being the Petitioner matter: CHOOSING WHICH COUNTY TO FILE IN In most divorce cases there is not an option on where to file a divorce. However, in some situations, there may be a choice. A divorce may be filed in the county where either spouse is a resident as long as resid