He is waiting on SSI claim for disability. We have been married 9 years. We have one child together. She is 8. I also have 3 kids age 12, 14, 17 living in the house. He is verbally abusive and demeaning towards them. The house is in my name only.
I am afraid of him. He is a big man and can be quite mean. I want to tell him to leave when he comes back from visiting friends this weekend.
You need to meet with an attorney to assist you in filing the proper paperwork. The Courts of Mclennan County have a standing order for Divorce filings that can be found at http://www.co.mclennan.tx.us/distclerk/Standing_Order.pdf. This order in affect establishes a Status Quo for the duration of the divorce. If you which to exclude him from the home you would need to file a request for a Temporary Order to have exclusive use of the Family Home. This is rare without the benefit of a hearing where your spouse can respond.
An attorney can guide you through the process. Let your attorney know about acts of domestic violence as this will affect the filing and the outcome of the divorce.
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Divorce / Separation Lawyer
Unfortunately you can not just lock someone out. IF he did that to you it would probably trigger a claim of domestic violence. So you need to speak to an attorney and get something filed with the Court to order him out if he is not willing to leave on his own accord. Often times men such as he do leave, so if you have a support system, of mutual friends who would want to do this not to take his side or your side, but so that your 8 year old does not see mom and dad fighting anymore and your other kids dont see their mom being bullied anymore, he may come to his senses and just leave. Believe it or not, I have helped it happen many times with clients.
Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX
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