Kilgore, TX Divorce Law Firms & Lawyers

Neither party will get what they want. The community property estate will be split in a fair and equitable manner. The fact that it is a newly purchased home, it is unlikely that you have enough equity in the home to make it worthwhile fight. You may have to buy her out of any equity to keep the home. If she can not pay, it is unlikely a court would award her the home. Go and consult with a local divorce/family law attorney if you want a better assessment of your case. Good luck.

There is no proper legal status called a "legal separation."  It is legal, meaning not unlawful, for spouses to separate at any time, with or without the ultimate goal of obtaining a divorce.  In practice, spouses usually separate at or before the time one files for a divorce.Your marital status as of the end of your tax year will determine what marital status to claim on your federal tax returns. Your accountant would best be able to explain to you whether it will be to your advantage to complete a divorce proceeding before the end of the year to take advantage of the "single" filing status or whether it would be to your advantage to wait to complete a divorce next year in order to file either a "joint" tax return or "married, filing separately."There is a mandatory sixty day waiting period in Texas from the time you file for divorce before a divorce can actually be granted.  In practice, because of the time it usually takes to negotiate and prepare a final decree of divorce and schedule time with the court for a prove-up, I'd give it six months.

Start by asking him if he filed for and completed a divorce.  It is possible to do that without you knowing about it if he alleged he could not find you to serve you or told a lie or two to the court.  If he tells you he obtained a divorce, then ask where.  You could also go to the county in which the two of you last lived together and any other county in which he lived after he lived with you to see if there is a record of your divorce in the clerk's office for whatever court handles divorces in that county.  In Tarrant County, it is the District Clerk for the family law courts, for example.  They should be able to look up your divorce by name.  If they have it, then ask for a copy. If you come up empty then you may need to take care of getting divorced yourself.  Your husband is still married to you until he gets a divorce from you.  Once he gets the divorce, his subsequent marriage is considered valid.