Austin, TX asked in Divorce, Family Law and Domestic Violence for Texas

Q: We have been together for over 20 years. We have referred to eachother as "wife" and "husband" but we haven't had a

formal ceremony. Do I need a divorce? I think he's going to try to throw me out of the house as its in his name. His abuse has escalated from emotional and financial to physical but I won't pretend it's nearly as bad physical abuse as many women face. I am however quite ill with Crohns and on a lot of medication and starting Infusion therapy on next Tues. I don't know where to go and I don't have much money at all. We do not have children but we have a dog and he has hit the dog as well so I need to get her out of here too.

2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: The divorce part of the question should be answered by a Family Law attorney. If there has been physical violence that caused pain then you can go to the Travis County Attorney's Office (downtown at 11th and Guadalupe) and apply for a Family Violence protective order. At the end of the application process they will ask about the dog.

https://www.traviscountytx.gov/county-attorney/family-violence/obtaining-po

Carrie T. Schilling
Carrie T. Schilling
Answered
  • Southlake, TX
  • Licensed in Texas

A: Based on those facts, you are most likely common-law married and need a divorce if you no longer want to be married. Depending on the specifics, you may be able to show that the house is community property or you are entitled to some of the equity. You can call the police if feel you are in imminent danger. Even if not, you can call the court clerk or the district attorney's office and ask to file a request for a protective order to keep him away from you and the dog. You should reach out to a domestic violence center in your area. You can also call the local bar organization or the Texas State Bar and find out if you qualify for pro bono (free) legal services. Good luck and stay safe.

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