My Mom and siblings are stuck in a physically and emotionally abusive marriage. I am trying to help them escape. I had some questions regarding divorce in Texas.
1. Should my Mom file for divorce before she leaves, or is it OK to leave and then file for divorce later?
2. What would be the legal repercussions (if any) of taking the kids out of the city where they live right now without my Dad's consent? I would like them to be able to come stay with me and my family, but we live about 3 hours away. Is this an issue?
It could be. But if the situation is truly violent she would be best suited to leave the state and come stay with you, establish residency and then file.
The important thing to remember in situation of abuse is to document everything.
-------------------- Love like you have never been hurt. Dance like nobody's watching and sing like nobody's listening.
1/ She's free to leave without filing. Downside is she'll loose physical control of marital property. She's still legally entitled to her share of it though.
2/ Technically, yes, there could be legal repercussions. Dad could file a motion ordering her back to the jurisdiction. But it is unlikely that there'd be any punishment so long as she did return when or if asked to by the court.
It might also be a good idea for her to visit a women's shelter just to have it for the record. Most cities in Texas have a battered women's shelter. You might have to do some looking. They're often very well hidden. You can call 911, or central dispatch. They should be able to help you with directions.
-------------------- "To love oneself is the beginning of a lifelong romance"
- Oscar Wilde
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