Want Divorce, What First?

[gainingground]

I have been married 14 years, we have a 9 yr old son. I want a divorce. Should I leave and then file, file and wait, or file and leave before he is served? I would rather leave as soon as possible.

In SHORT:

Counseling is not an option.
Reconciliation is not an option.
He will not "allow" me to work.
He dictates every breath I take and I have recently become aware that his "king of this castle" routine is having a negative impact on our son, who does not think that I deserve respect from him because his father doesn't respect me.

 

[mewcreations]

I don't know the law, but I do think that because you have a son you have to at least be separated for sometime. Don't know how long, suppose that would depend on your state.

 

[gainingground]

well, I do know that seperation is not legally required in Texas.
When my sister-in-law divorced they recommended that if she wanted to keep the house she would need to file while they still lived together and allow the judge decide who would have to move if her husband refused to do so and that leaving did not mean she would NOT get the house in the end but it might make it more difficult.
But when another close friend filed she filed but moved out the day before she knew he would be served with the papers.
I do not want to keep our home and property but I do not want to give up my right to half it's value either.

 

[Duranie]

I think TX is a no fault state you just file for divorce and you can ask for half the houses value either by selling it or your husband can re-fi. You need to ask for temp. alimony too. Also I would be looking for some type of employment asap.

 

[bci51]

If you are sure you are going to file, you may as well go on and see an attorney and get his opinion based upon your circumstances.