Brownsville Texas Divorce Lawyers

One common question Texas attorneys are asked when couples decide to divorce is whether or not someone has to move out of the family home during the divorce process. This is a very good question, one that most divorce lawyers will agree has two different answers: a legal one and a practical one.

Depending upon your individual circumstances, attorneys who help clients handle a divorce recommend that you carefully consider whether or not one spouse moving out of the home would be beneficial.

Not Legally Required To Move

According to Texas family law, neither spouse is legally required to move out of the family home while proceedings for a divorce are underway. Regardless of whether a home is jointly owned or owned by only one spouse, divorce lawyers advise that both spouses have a right to live in the home or return to it if they initially decide to move out. This is true at least until the termination of the marriage is complete.

This means one spouse cannot force the other out of the home. If your spouse attempts to do this, you should discuss it with your lawyers who can advise on the legal aspects of this matter.

Moving Could Provide Some Benefit

Although you are both legally permitted to live in the marital home, Texas divorce lawyers point out that this may not be the easiest arrangement. It can be challenging to live under the same roof when you and your spouse are at odds and emotions are high. Many lawyers who help clients with a divorce can attest that when both spouses remain together in the home, tempers can flare and add more stress to an already-stressful situation.

One spouse moving out might alleviate some of these issues, which allows proceedings to move along more smoothly. Yet determining who should move can further fan the flames, making even this solution a hard one to work through.

Additionally, it is not always possible for one spouse to move out due to financial or other important reasons. While divorce attorneys agree there could be some benefit if one spouse moves out, every circumstance must be individually considered. The goal in all cases is to promote the least stressful scenario possible until proceedings have concluded.

Sharing Your Home During A Divorce

When you and your spouse have agreed to continue sharing your home until your marriage is fully terminated, Texas divorce attorneys stress the importance of working together to ensure a good co-existence. Define personal spaces so everyone has the privacy they need and always respect those boundaries. Avoid behaviors that are likely to start conflicts. If you  are the spouse who will likely move out after the divorce is final, use the time to begin work on finalizing moving details.

Continue with your share of childcare and home upkeep. It would be appropriate to protect your personal belongings to prevent incidents that could cause more dissension. Try to live as roommates as best as possible until your situation is finalized and the time comes for one or both of you to move out.

Texas lawyers suggest that the most important consideration with regard to your living situation during divorce proceedings is that you and your spouse come to the best solution for your individual circumstances. Even though there is no law that states one of you must leave the family home, divorce attorneys find that doing so could be beneficial in some cases.

If moving out is not feasible,  divorce lawyers stress the importance of amicable cohabitation to prevent issues that could cause added stress to the situation or even prolong your divorce proceedings!

Garza & Elizondo, LLP

Downtown Brownsville
Principal Office
680 East St. Charles St, Suite 600
Brownsville TX 78520
(956) 202-0067

North Brownsville
Meetings With Attorneys By Appointment Only
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526
(956) 202-0067

San Benito
Meetings With Attorneys By Appointment Only
2395 La Palma Street, Suite C
San Benito TX 78586
(956) 202-0067