By the Divorce Lawyers at Smith & Garg, LLC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

After a divorce has been files, does one of us have to move out of the house? If so, who?

Usually filed with the Original Petition for Divorce is something called Temporary Restraining Orders “TRO.” One of the things TRO’s cannot restrict is the use of enjoyment of either party to the marital residence. In other words, both spouses have an equal right to the marital home absent abuse. If abuse is involved, a Court will usually order that one party, usually the abusive party, move out of the marital residence. Even though a party is asked to move out, it does not affect the character of the property.

Reaching the decision to end your marriage is tremendously difficult. Given the complicated and emotional issues with which you are faced in the process, the best advice is to work with a lawyer experienced in Texas divorce law. A lawyer experienced in the legal process can ease your stress as you go through this emotional legal process. The lawyers at Smith & Garg, LLC are prepared to assist you immediately in your time of need.

Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your litigation needs.