Geronimo, TX Divorce Law Firms & Lawyers

You do not have to leave your house after the initial divorce petition has been filed. However, there should be a temporary orders hearing within a few days of the filing that determines these types of issues. Because Texas is a community property state you are entitled to half of everything that has been earned by either party outside of a gift, inheritance, or a personal injury settlement. I would advise you to contact a local family lawyer very quickly to properly protect your interests in this case.

As long as you're married to her you're under a mutual duty of support. Presumably you're drawing BAH at the married/with dependent rate, so the bare minimum the Air Force expects you to send her is the difference between the married/with dependent rate and the single rate. If your marital status is getting you more money than you're sending her, relax and bank the profit, and don't rock the boat too hard an argument could be made that you should be sending her the whole BAH since presumably you don't have any housing expense of your own while deployed. On the other hand, if she's actually costing you more money than she's gaining you, or for other reasons you're eager to get a divorce or annulment, you don't have to be on the ground in Texas to file and get the 60-day clock turning.

Simply stated, a Will has no bearing at all in a divorce proceeding. In a divorce, a prenuptial agreement will likely be controlling for those items fully addressed in the agreement, assuming the prenuptial is correctly structured and not vulnerable to legal act. There are many ways that a prenuptial agreement can be found invalid or void, but that is another question that should best be addressed with an attorney. Also, the long-term length of your marriage could also play a large factor in the analysis of you situation. I would recommend speaking to an attorney; many offer a no-cost initial consultation.