Ingram, TX Divorce Law Firms & Lawyers

You need to file for annulment of the marriage. Annulments are different than a divorce because you have to prove fraud. That should not be difficult if he told you he was single when he married you.

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.

Despite what you emotionally feel, and justifiably so, it would be a bad idea to kick her out. Rely on the court to act on your request to have exclusive use and possession of the residence, rather than attempting to usurp the authority of the court. Such is always a better idea. I can see you today if you want to act quicker and are in the Houston area.