Lufkin, TX asked in Divorce and Family Law for Texas

Q: Can I file for a divorce while still living with my husband?

My husband and I live together and I'm afraid of filing for a divorce without the protection order in place. I filed a protection order over a month ago. What are my options?

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2 Lawyer Answers
Rahlita D. Thornton
Rahlita D. Thornton
PREMIUM
Answered
  • Houston, TX
  • Licensed in Texas

A: You can hire your own attorney to assist you in obtaining the protective order. You can file for divorce while still living together.

Gary D. Peak
Gary D. Peak
Answered
  • Eastland, TX
  • Licensed in Texas

A: If you filed for a protective order over a month ago, either the Judge should have granted or denied it by now.

I suggest, getting an attorney of course, and filing for divorce, and temporary restraining order which could give you sole possession of the house until a hearing within 14 days of filing. Even if the Judge won't kick him out with a TRO, it can have other language in it to better protect you.

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